[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18544-18547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08962]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2016-OS-0134]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, 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 (the Department) publishes 
this notice of a modified system of records entitled ``Secretary's 
Communications Control System'' (18-01-01), last published in full in 
the Federal Register on June 4, 1999 (64 FR 30106, 30108-30109) and 
subsequently amended on December 27, 1999 (64 FR 72405). This system of 
records is maintained to account for the correspondence received by the 
Secretary, Deputy Secretary, Senior Officers, or other officials of the 
Department for whom the Department controls responses.

DATES: Submit your comments on this notice of a modified system of 
records on or before May 29, 2018.
    This modified system of records notice will become applicable upon 
publication in the Federal Register on April 27, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment. Newly proposed routine uses (4), (5), and (6) in the 
paragraph entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 
INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become 
applicable on May 29, 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 and the term ``Secretary's Communications Control System'' 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 system of records, address 
them to: Ms. Deborah Winters, Deputy Director, Office of the Executive 
Secretariat, Office of the Secretary, U.S. Department of Education, 400 
Maryland Avenue SW, Washington, DC 20202-0124.
    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: Ms. Deborah Winters, Deputy Director, 
Office of the Executive Secretariat, Office of the Secretary, U.S. 
Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-
0124. Telephone: (202) 401-3067.
    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: 

Introduction

    The system of records notice, entitled ``Secretary's Communications 
Control System'' (18-01-01), was last published in full in the Federal 
Register on June 4, 1999 (64 FR 30106, 30108-30109), and subsequently 
amended on December 27, 1999 (64 FR 72405).
    There are various changes in the system of records notice for the 
Secretary's Communications Control System.
    First, we are updating the routine uses of records maintained in 
the system to include a standard routine use that is included in most 
of the Department's system of records notices and two routine uses that 
the Office of Management and Budget (OMB) has required in M-17-12 in 
order to permit the Department to respond appropriately to a breach of 
personally identifiable information in this system of records or, as 
appropriate, to assist another Federal agency or entity in its response 
to a breach. These additions will permit the disclosure of records to:
     The Department of Justice or the OMB if the Department 
concludes that disclosure would help in determining whether particular 
records are required to be disclosed under the Freedom of Information 
Act or the Privacy Act.
     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

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its information systems, programs, and operations), 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.
     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.
    Second, we are updating the policies and practices for storage of 
records to eliminate the reference to the use of ``computer disks'' as 
a storage device and to indicate instead that electronic records are 
stored on servers and on backup media. We are updating the policies and 
practices for retrieval of records to clarify that, in addition to 
retrieving records by subject matter, name of the individual, or the 
document's control number, records also may be retrieved by any other 
data element included on the data input screen. We are updating the 
policies and practices for retention and disposal of records to 
eliminate language stating that ``control records on computers'' are 
stored indefinitely. In addition, we are modifying the description of 
records retention and disposition to reflect the current Department 
records schedules covering records in this system. Further, we are 
updating the section of the notice entitled ``ADMINISTRATIVE, 
TECHNICAL, AND PHYSICAL SAFEGUARDS'' to indicate that electronic 
documents can only be accessed by authorized individuals using a key 
card and a secure password.
    Third, we are updating the record access procedures and the 
notification procedures by adding that the Department may, in order to 
process these requests, ask for any other identifying information 
needed to distinguish between individuals with the same name.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.gpo.gov/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: April 23, 2018.
Betsy DeVos,
Secretary of Education.

    For the reasons discussed in the preamble, the Deputy Director, 
Executive Secretariat, Office of the Secretary, U.S. Department of 
Education (Department or ED), publishes a notice of a modified system 
of records notice to read as follows:
SYSTEM NAME AND NUMBER

Secretary's Communications Control System (18-01-01)

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Secretary, 400 Maryland Avenue SW, Washington, DC 
20202-0124.

SYSTEM MANAGER(S):
    Executive Secretariat, Office of the Secretary, 400 Maryland Avenue 
SW, Washington, DC 20202-0124.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained to account for the 
correspondence received by the Department, including correspondence 
regarding individual concerns and complaints regarding programs 
administered by the Secretary.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records about individuals who correspond with 
the Secretary, Deputy Secretary, Senior Officers, or other officials of 
the Department for whom the Department controls responses.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system includes the following types of records: (1) The 
official correspondence files of each principal office within the 
Department and, where applicable, a principal office's component 
office, specifically the hard copies of official documents and 
electronic images of certain incoming and outgoing documents; (2) 
control information from the Secretary's, Deputy Secretary's, Senior 
Officers', and other officials' correspondence that includes a subject 
narrative, contact information for the sender, the name of the 
organization drafting the response, and the type of action required 
from the Department; and (3) records of responses to some telephone 
inquiries where officials determine that a written response should be 
controlled.

RECORD SOURCE CATEGORIES:
    Records are derived from documents addressed to or issued by the 
Secretary, the Deputy Secretary, Senior Officials, or other officials 
of the Department.

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 purpose 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) Government and Private Organization Disclosure. The Department 
may disclose records to governmental entities and private organizations 
as necessary to resolve complaints, provide guidance, respond to 
requests for documents and information, or address concerns regarding 
those entities and organizations.
    (2) Congressional 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.
    (3) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed in 
subparagraphs (i) through (v) is involved in judicial or

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administrative litigation or ADR, or has an interest in judicial or 
administrative litigation or ADR, the Department may disclose certain 
records to the parties described in paragraphs (b), (c), or (d) of this 
routine use under the conditions specified in those paragraphs:
    (i) The Department or any component of the Department;
    (ii) Any Department employee in his or her official capacity;
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has agreed to or has been requested to 
provide or arrange for representation for the employee;
    (iv) Any Department employee in his or her official capacity if the 
Department has agreed to represent the employee; or
    (v) The United States if the Department determines that the 
judicial or administrative litigation is likely to affect the 
Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the Department of Justice (DOJ) is 
relevant and necessary to the 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, Counsels, Representatives, or 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) 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 would 
help in determining whether particular records are required to be 
disclosed under the FOIA or the Privacy Act.
    (5) Disclosure in the Course of Responding to a Breach of Data. The 
Department may disclose records from this system to appropriate 
agencies, entities, and persons when: (a) The Department suspects or 
has confirmed that there has been a breach of the system of records; 
(b) the Department has determined that as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, the 
Department (including its information systems, programs, and 
operations), 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.
    (6) Disclosure in the Course of Another Federal Agency or Federal 
Entity Responding to a Breach of Data. The Department may disclose 
records from this system of records 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 in hard copy in standard file cabinets 
and electronically on servers and on backup media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Files are indexed and retrievable by subject, name of the 
individual, any other data element included on the data input screen, 
or the document's control number assigned at the time the 
correspondence is logged into the Department.

POLICIES AND PROCEDURES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with 
Department Records Schedule 062: Significant Correspondence (N1-441-08-
19) (ED 062) and Department Records Schedule 063: General 
Correspondence (N1-441-08-13) (ED 063).
    Records covered by ED 062 are considered permanent. Permanent 
nonelectronic records covered by ED 062 are transferred to the National 
Archives and Records Administration (NARA) 10 years after cut-off. Cut-
off occurs annually. Permanent electronic records covered by ED 062 are 
transferred to NARA every 5 years, with any related documentation and 
external finding aids, as specified in 36 CFR 1228.70 or standards 
applicable at the time.
    Records covered by ED 063 are considered temporary and are 
destroyed/deleted 2 years after cut-off. Cut-off occurs annually.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All physical access to the Department sites are controlled and 
monitored by security personnel who check each individual entering the 
building for his or her employee or visitor badge. During working 
hours, direct access to the file cabinets is limited to authorized 
staff. During nonworking hours, the rooms in which the file cabinets 
are located are locked and only those individuals with access to those 
rooms can access the hard copies of records. The electronic documents 
can only be accessed by authorized individuals using a key card and a 
secure password.

RECORD ACCESS PROCEDURES:
    To gain access to records regarding you in this system of records, 
contact the system manager at the address listed above. You must 
provide necessary particulars such as your name, the date of the 
subject documents, a reasonable description of the subject matter of 
the issue involved, and any other identifying information requested by 
the Department while processing the request needed to distinguish 
between individuals with the same name. Your request must meet the 
requirements of the Department's Privacy Act regulations at 34 CFR 
5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in 
this system of records, contact the system manager, and reasonably 
identify the record and specify the information to be contested. Your 
request must meet 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 
this system of records, contact the system manager at the address 
listed above. You must provide necessary particulars such as your name, 
the date of the subject documents, a reasonable description of the 
subject matter of the issue involved, and any other identifying 
information requested by the Department while processing the

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request needed to distinguish between individuals with the same name. 
Your request must meet the requirements of the Department's Privacy Act 
regulations at 34 CFR 5b.5, including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This system of records notice was last published in full in the 
Federal Register on June 4, 1999 (64 FR 30106, 30108-30109) and 
subsequently amended on December 27, 1999 (64 FR 72405).

[FR Doc. 2018-08962 Filed 4-26-18; 8:45 am]
 BILLING CODE 4000-01-P