83 FR 7026 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 33 (February 16, 2018)

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) modifies in its inventory of system of records notices subject to the Privacy Act the system of records entitled ``Departmental Parking Control Policy'' (18- 05-01). The Departmental Parking Control Policy contains individually identifying information provided by individuals who wish to use parking spaces on Department-managed and Department-controlled property and on property assigned to the Department by the General Services Administration or any other Federal agency.

[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7026-7029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03276]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2017-OM-0092]


Privacy Act of 1974; System of Records

AGENCY: Office of Management, Department of Education.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) modifies in its 
inventory of system of records notices subject to the Privacy Act the 
system of records entitled ``Departmental Parking Control Policy'' (18-
05-01). The Departmental Parking Control Policy contains individually 
identifying information provided by individuals who wish to use parking 
spaces on Department-managed and Department-controlled property and on 
property assigned to the Department by the General Services 
Administration or any other Federal agency.

DATES: Submit your comments on this modified system of records notice 
on or before March 19, 2018.
    This modified system of records will become effective upon 
publication in the Federal Register on February 16, 2018. New and 
modified routine use disclosures numbered (2)-(11) listed under 
``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 
CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become effective 
on March 19, 2018, unless the modified system of records notice needs 
to be changed as a result of public comment. The Department will 
publish any significant changes resulting from public comment.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this modified system of records, 
address them to: Director, Logistics Services Division, Office of 
Management, U.S. Department of Education, 400 Maryland Avenue SW, 
Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: David Cogdill, Director, Logistics 
Services Division, Office of Management, U.S. Department of Education, 
400 Maryland Avenue SW, 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 (FRS), toll-
free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    The Departmental Parking Control Policy (18-05-01) System of 
Records Notice was last published in the Federal Register on June 4, 
1999 (64 FR 30106, 30122-23). The system is being modified to update 
the system location and the system manager. The system is also being 
modified to update the categories of records to now include Department 
email address, automobile license number, make and model, and a 
participant-generated four-digit number. For notification and access to 
their records, individuals will now be able to give this four-digit 
number instead of their Social Security number. The authority of the 
system is being updated to reflect the current legal authority for 
maintenance. The name of the system is also changing and will now be 
referred to as the Parking Application Tracking System (PATS). The 
storage, retrieval, and safeguards of records have been updated to 
reflect the use of electronic files. The retention and disposition 
schedule are also being updated to reflect the specific Department 
records schedule related to this system. The Department also proposes 
to add standard routine uses allowing the disclosure of records in this 
system for various purposes.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all

[[Page 7027]]

other documents of the Department published in the Federal Register, in 
text or Portable Document Format (PDF). To use PDF you must have Adobe 
Acrobat Reader, which is available free at the site. You may also 
access documents of the Department published in the Federal Register by 
using the article search feature at: www.federalregister.gov. 
Specifically, through the advanced search feature at this site, you can 
limit your search to documents published by the Department.

    Dated: February 13, 2018.
Denise L. Carter,
Acting Assistant Secretary for Management.

    For the reasons discussed in the preamble, the Acting Assistant 
Secretary for Management, U.S. Department of Education (Department), 
publishes a notice of a modified system of records to read as follows:
System Name and Number:
    Parking Application Tracking System (PATS)(18-05-01).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Logistics Services Division, Office of Management, U.S. Department 
of Education, 400 Maryland Avenue SW, Washington, DC 20202.

SYSTEM MANAGER(S):
    Director, Logistics Services Division, Office of Management, U.S. 
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Federal Property and Administrative Services Act of 1949, as 
amended, 40 U.S.C. 101 et. seq., and 41 CFR 102-74.265-310 (Parking 
Facilities).

PURPOSE(S) OF THE SYSTEM:
    The information contained in this system is used to: (1) Provide 
standards for apportionment and assignment of parking spaces on 
property managed by the Department of Education (Department) and 
Department-controlled property, and on property assigned to the 
Department by the General Services Administration (GSA) or any other 
Federal agency, and (2) allocate and check parking spaces assigned to 
government vehicles, visitors, handicapped personnel, executive 
personnel, carpool and van pools, and others.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All Department employees and non-Department carpool members 
utilizing parking facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system includes the following information on all persons 
applying for a parking permit: Name, participant-generated four-digit 
number, office room number, Department email address, office phone 
number, principal office, complete home address, and automobile license 
number, make and model.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from reports submitted by 
Department staff, Principal Offices and Regional Offices, GSA Federal 
Management circulars, Federal Property Management Regulations, and 
directly from individuals.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with a purpose for which the record was collected. These 
disclosures are 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) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress or the member's 
staff when necessary to respond to an inquiry from the member made at 
the written request of that individual. The member's right to the 
information is no greater than the right of the individual who 
requested the inquiry.
    (2) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed in 
sub-paragraphs (i) through (v) is involved in judicial or 
administrative litigation or ADR, or has an interest in judicial or 
administrative litigation or ADR, the Department may disclose records 
to the parties described in paragraphs (b), (c), and (d) of this 
routine use under the conditions specified in those paragraphs:
    (i) The Department or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed to provide or arrange for representation for the employee.
    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee.
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to DOJ. If the Department determines that disclosure 
of records to DOJ is relevant and necessary to the litigation or ADR, 
the Department may disclose those records as a routine use to DOJ.
    (c) Adjudicative Disclosure. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose records 
to an adjudicative body before which the Department is authorized to 
appear or to a person or an entity designated by the Department or 
otherwise empowered to resolve or mediate disputes, the Department may 
disclose those records as a routine use to the adjudicative body, 
person, or entity.
    (d) Disclosure to Parties, Counsel, Representatives, or Witnesses. 
If the Department determines that disclosure of records to a party, 
counsel, representative, or witness is relevant and necessary to the 
litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (3) Enforcement Disclosure. In the event that information in this 
system indicates a violation or potential violation of any statute, 
regulation, or order of competent authority, the Department may 
disclose relevant records to the appropriate agency responsible for 
investigating or prosecuting that violation or charged with enforcing 
or implementing the statute, regulation, or order. In monitoring 
compliance with the statutes, regulations, laws, and orders governing 
its programs and activities, the Department may discover information 
revealing violations of these statutes, regulations, laws, and orders.
    (4) Employment, Benefit, and Contracting Disclosure. For 
``Decisions by the Department,'' the Department may disclose a record 
to a Federal, State, or local agency maintaining civil, criminal, or 
other relevant enforcement or other pertinent records, or to another 
public authority or professional organization, if necessary to obtain 
information relevant to a Department decision concerning the hiring or 
retention of an employee or other personnel action, the issuance of a

[[Page 7028]]

security clearance, the letting of a contract, or the issuance of a 
license, grant, or other benefit. For ``Decisions by Other Public 
Agencies and Professional Organizations,'' the Department may disclose 
a record to a Federal, State, local, or foreign agency or other public 
authority or professional organization, in connection with its decision 
concerning the hiring or retention of an employee or other personnel 
action, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant, or other benefit, to the extent that the 
record is relevant and necessary to the receiving entity's decision on 
the matter.
    (5) Employee Grievance, Complaint, or Conduct Disclosure. The 
Department may disclose a record in this system of records to another 
agency of the Federal government if the record is relevant to one of 
the following proceedings regarding a current or former employee of the 
Department: A complaint, a grievance, or a disciplinary or competency 
determination proceeding. The disclosure may only be made during the 
course of the proceeding.
    (6) Labor Organization Disclosure. The Department may disclose 
records from this system of records to an arbitrator to resolve 
disputes under a negotiated grievance procedure or to officials of 
labor organizations recognized under 5 U.S.C. chapter 71 when relevant 
and necessary to their duties of exclusive representation.
    (7) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or the Office of 
Management and Budget if the Department concludes that disclosure is 
desirable or necessary in determining whether particular records are 
required to be disclosed under FOIA or the Privacy Act.
    (8) Contract Disclosure. The Department may disclose records to 
employees of an entity with which the Department contracts when 
disclosure is necessary for an employee of the entity to perform a 
function pursuant to the Department's contract with the entity. As part 
of such a contract, the Department will require the contractor to 
maintain safeguards to protect the security and confidentiality of the 
records in the system.
    (9) 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 our 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. As part of such a contract, the Department will 
require the researcher to maintain safeguards to protect the security 
and confidentiality of the disclosed records.
    (10) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records from this system to appropriate 
agencies, entities, and persons when (1) the Department suspects or has 
confirmed that there has been a breach of the system of records; (2) 
the Department has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, the Department 
(including its information systems, programs, and operations), the 
Federal government, or national security; and (3) 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.
    (11) 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 (1) responding to 
a suspected or confirmed breach or (2) 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:
    Records are stored electronically, and the signage sheets are 
produced and kept in binders in file cabinets.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by parking facility, parking criteria, and 
participant's name. Binders are stored alphabetically by parking 
facility.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    ED Schedule 174: Credential Files for the Office of Management. 
Disposition instructions: TEMPORARY. Cut off after return to issuing 
office. Destroy/delete 3 months after cutoff.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the Department site where this system of 
records is maintained, is controlled and monitored by security 
personnel who check each individual entering the building for his or 
her employee or visitor badge.
    The computer system employed by the Department offers a high degree 
of resistance to tampering and circumvention. This security system 
limits data access to Department and contract staff on a ``need to 
know'' basis, and controls individual users' ability to access and 
alter records within the system. 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.

RECORD ACCESS PROCEDURES:
    If you wish to access a record regarding you in this system of 
records, provide the system manager with necessary particulars of your 
name, participant-generated four-digit number, agency and office, and 
the location where Department parking is provided. Requesters should 
also reasonably specify the record contents sought. Your request must 
meet the requirements of the regulations at 34 CFR 5b.5, including 
proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to request an amendment to your records, provide the 
system manager with necessary particulars of your name, participant-
generated four-digit number, agency and office, and the location where 
the parking is provided. Contact the system manager at the address 
specified under NOTIFICATION PROCEDURES below, and reasonably identify 
the record and specify the information to be contested. Your request 
must meet the requirements of the regulations at 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to determine whether a record exists regarding you in 
this system of records, provide the system manager with necessary 
particulars of your name, participant-generated four-digit number, 
agency and office, and the location where Department parking is 
provided. Your request must meet the requirements of the regulations at 
34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[[Page 7029]]

HISTORY:
    The System of Records entitled ``Departmental Parking Control 
Policy'' (18-05-01) was last published in the Federal Register at 64 FR 
30106, 30122-30123 (June 4, 1999).

[FR Doc. 2018-03276 Filed 2-15-18; 8:45 am]
BILLING CODE 4000-01-P