[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32889-32895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14690]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Office of Special Education and Rehabilitative Services and 
Office of Elementary and Secondary Education, U.S. Department of 
Education.

ACTION: Notice of a modified system of records; and, rescindment of a 
system of records notice.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice of a modified system of records entitled the ``Personnel 
Development Program Data Collection System (PDPDCS)'' (18-16-04), 
formerly named the ``Special Education--Individual Reporting on 
Regulatory Compliance Related to the Personnel Development Program's 
Service Obligation and the Government Performance and Results Act of 
1993 (GPRA),'' and this rescindment of a system of records notice 
entitled ``Indian Education--Individual Reporting on Regulatory 
Compliance Related to the Indian Education Professional Development 
program's Service Obligation and the Government Performance and Results 
Act of 1993 (GPRA)'' (18-14-05).

DATES: Submit your comments on this notice of a modified system of 
records and this rescindment of a system of records notice on or before 
August 9, 2019.
    This modified system of records and rescinded system of records 
will become applicable upon publication in the Federal Register on July 
10, 2019. New routine use (10) and modified routine uses (1), (2), (3), 
(5), and (9) listed under

[[Page 32890]]

the section entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' in 
the modified system of records will become applicable on August 9, 
2019, 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 and 
rescindment of a system of records notice, address them to: Personnel 
Development Program Data Collection System Owner, Research to Practice 
Division, Office of Special Education Programs, Office of Special 
Education and Rehabilitative Services, U.S. Department of Education, 
550 12th Street SW, Washington, DC 20202-2600. Telephone: (202) 245-
7395.
    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: Personnel Development Program Data 
Collection System Manager, Research to Practice Division, Office of 
Special Education Programs, Office of Special Education and 
Rehabilitative Services, U.S. Department of Education, 550 12th Street 
SW, Washington, DC 20202-2600. Telephone: (202) 245-7395.
    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: The PDPDCS contains records on individuals 
who are recipients of funding (scholars \1\) from grants awarded to 
institutions of higher education (IHEs) and other eligible entities 
(grantees) by the Office of Special Education and Rehabilitative 
Services (OSERS), Office of Special Education Programs' (OSEP) 
Personnel Development to Improve Services and Results for Children with 
Disabilities Program (Personnel Development Program), the Office of 
Elementary and Secondary Education (OESE), Office of Indian Education's 
(OIE) Professional Development discretionary grant program, and the 
OSERS, Rehabilitation Services Administration's (RSA) Rehabilitation 
Long-Term Training (RLTT) discretionary grant program.
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    \1\ The Office of Special Education Programs (OSEP) and the 
Rehabilitation Services Administration (RSA) refer to individuals 
receiving OSEP and RSA grant funds, respectively, as ``scholars.'' 
The Office of Indian Education (OIE) refers to individuals receiving 
OIE grant funds as ``participants.'' For purposes of this Notice of 
a Modified System of Records and this Rescindment of a System of 
Records Notice, the term ``scholars'' is used to describe 
individuals receiving grant funds from OSEP, RSA, or OIE.
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    The PDPDCS allows the Department to fulfill its responsibility for 
ensuring grantee and scholar compliance with program requirements. The 
system also affords registered Department officials read-only access to 
scholar records to monitor compliance and respond to inquiries.
    Through the affected programs, IHEs and other eligible entities 
provide Department funds to individuals who agree to perform a service 
obligation. Scholars who do not satisfy their service obligation or 
other applicable program requirements must repay all or a part of the 
funding received in accordance with program regulations. The modified 
system of records announced in this notice is required to track 
scholars' enrollment, employment, and fulfillment of the terms of their 
service obligations.
    The PDPDCS system of records is being modified to include records 
on scholars from grants awarded to IHEs and other eligible entities by 
OESE, OIE's Professional Development, and OSERS, RSA's RLTT 
discretionary grant programs. As described below, RSA will adopt the 
PDPDCS to collect data on its training programs. There is no existing 
system of records for the RSA to track the progress toward completion 
of a scholar's service obligation.
    The Department is modifying the section entitled ``SYSTEM NAME AND 
NUMBER'' from ``Special Education--Individual Reporting on Regulatory 
Compliance Related to the Personnel Development Program's Service 
Obligation and the Government Performance and Results Act of 1993 
(GPRA)'' (18-16-04) to ``Personnel Development Program Data Collection 
System (PDPDCS)'' (18-16-04).
    The Department is modifying the section entitled ``SECURITY 
CLASSIFICATION'' to indicate that the system is unclassified.
    The Department is modifying the section entitled ``SYSTEM 
LOCATION(S)'' to reflect the current names and addresses of the 
contractor and subcontractor who maintain the records in the system.
    The Department is modifying the section entitled ``SYSTEM 
MANAGER(S)'' to update the title, business address, and contact 
information of the Department official in Research to Practice 
Division, OSEP, OSERS, who will serve as the system manager.
    The Department is modifying the sections entitled ``AUTHORITY FOR 
MAINTENANCE OF THE SYSTEM,'' ``PURPOSE(S) OF THE SYSTEM,'' ``CATEGORIES 
OF INDIVIDUALS COVERED BY THE SYSTEM,'' ``CATEGORIES OF RECORDS IN THE 
SYSTEM,'' ``RECORD SOURCE CATEGORIES,'' and ``POLICIES AND PRACTICES 
FOR STORAGE OF RECORDS'' to account for the OIE and RSA records being 
integrated into the PDPDCS system, in addition to the previously 
maintained OSEP records.
    The section entitled ``PURPOSE(S) OF THE SYSTEM'' is further being 
updated to broaden the purposes to include additional purposes of 
serving as a resource for program improvement and grant monitoring and, 
informing program and budgetary planning.
    Additionally, the Department is modifying the section entitled 
``CATEGORIES OF RECORDS IN THE SYSTEM'' to specify that the record on 
the number of years a scholar needs to work to satisfy the service 
obligation must be ``in eligible employment;'' the Department may ask 
questions to IHEs, as well as scholars, about topics related

[[Page 32891]]

to program performance measures; program performance measures may 
include certification status; and, the Department's contractor will 
maintain periodic back-ups of records on a web-based data server that 
collects data on scholars from grantees, scholars, and their employers.
    The Department is also modifying the section entitled ``RECORD 
SOURCE CATEGORIES'' to update the references to the contractor and 
subcontractor who implement the web-based data collection system and to 
clarify that record source categories also may include persons or 
entities who provide data to the Department under the routine uses set 
forth in the notice. Additionally, the Department is modifying this 
section to remove language requiring IHEs and other eligible entities 
to provide information on scholars who they determine will not fulfill 
their service obligations because it is the Department's ultimate 
responsibility to make this determination and this system of records 
will generate sufficient information for the Department to do so. 
Finally, the Department is modifying this section to update the name 
and location of the Department's accounts receivable group to 
``Accounts Receivables and Bank Management Group'' and the ``Office of 
Finance and Operations,'' respectively.
    The Department is also modifying the section entitled ``POLICIES 
AND PRACTICES FOR STORAGE OF RECORDS'' to update references to the 
Department's contractor and subcontractor; to indicate that a campus 
and building security system protects hard copy records; and, to 
explain that the Department's subcontractor maintains the electronic 
records on its secure server.
    The Department is modifying routine use (1) entitled ``Program 
Purposes'' to account for the OIE and RSA records being integrated into 
the PDPDCS system; and, to expand routine use (1)(b) to allow for 
disclosures to grantees for monitoring, enforcement, or technical 
assistance related to scholar employment.
    The Department is modifying routine use (2) entitled ``Disclosure 
in the Course of Responding to Breach of Data'' to permit the 
Department to disclose records from this system of records in response 
to a suspected or confirmed breach of the system of records; and, to 
explain that such disclosures are limited to circumstances where the 
Department determines 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.
    The Department is modifying routine use (3) entitled ``Contract 
Disclosure'' to remove language that referenced imposing safeguard 
requirements on the contractor ``before entering into'' the contract 
and that were required under subsection (m) of the Privacy Act. The 
modified language clarifies that the Department will require, as part 
of applicable Department contracts, contractors to whom disclosures are 
made under this routine use to agree to establish and maintain 
safeguards to protect the security and confidentiality of the disclosed 
records.
    The Department is removing routine use (4) entitled ``Disclosure 
for Use by Other Law Enforcement Agencies'' because the system of 
records is not used in a law enforcement capacity.
    The Department is modifying newly renumbered routine use (5) 
entitled ``Litigation and Alternative Dispute Resolution (ADR) 
Disclosure'' to insert the word ``person'' in place of the word 
``individual,'' to avoid any public confusion that may have been caused 
by the Department's prior use of the word ``individual'' given that 
this term is defined in the Privacy Act and to clarify that references 
to ``litigation'' cover both judicial or administrative litigation.
    The Department modified newly renumbered routine use (9) entitled 
``Research Disclosure'' to remove language that referenced Privacy Act 
safeguards and to clarify that researchers to whom disclosures are made 
will be required to agree to establish and maintain safeguards to 
protect the security and confidentiality of the disclosed records.
    Pursuant to the requirements in Office of Management and Budget 
Memorandum M-17-12 entitled ``Preparing for and Responding to a Breach 
of Personally Identifiable Information,'' the Department added routine 
use (10) entitled ``Disclosure in Assisting Another Agency in 
Responding to a Breach of Data'' in order to permit the Department to 
disclose records from this system of records in the course of assisting 
another Federal agency or entity in responding to a breach of data.
    The Department is modifying the section entitled ``ADMINISTRATIVE, 
TECHNICAL, AND PHYSICAL SAFEGUARDS'' to specify which Department 
personnel have access to the system to monitor system improvements and 
upgrades; to specify a limited number of contractor and subcontractor 
personnel who have administrative rights, including read and write 
access, to the system; and, to explain that the system is maintained in 
accordance with applicable National Institute of Standards and 
Technology (NIST) standards.
    The Department is modifying the sections entitled ``RECORD ACCESS 
PROCEDURES,'' ``CONTESTING RECORD PROCEDURES,'' and ``NOTIFICATION 
PROCEDURES'' to define and discuss the ``necessary particulars'' needed 
to access, contest, or be notified of a record.
    Finally, the Department is adding a section entitled ``HISTORY'' to 
comply with the requirements in Office of Management and Budget 
Circular No. A-108.
    In addition, the ``Indian Education--Individual Reporting on 
Regulatory Compliance Related to the Indian Education Professional 
Development program's Service Obligation and the Government Performance 
and Results Act of 1993 (GPRA)'' (18-14-05) system of records was first 
published in the Federal Register on January 25, 2011 (76 FR 4334-
4338); and, contains records on individuals who are recipients of 
financial assistance from grants awarded by OESE, OIE's Professional 
Development program. The Department is rescinding this system of 
records, with plans for the system's functions and records to be 
integrated into the PDPDCS.
    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 at: www.ggovinfo.gov. At this site you can view 
this document, as well as all other documents of the Department 
published in the Federal Register, in text or Portable Document Format 
(PDF). To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.


[[Page 32892]]


    Dated: July 5, 2019.
Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
Frank T. Brogan,
Assistant Secretary for Office of Elementary and Secondary Education.

    For the reasons discussed in the preamble, the Assistant Secretary 
for Special Education and Rehabilitative Services and the Assistant 
Secretary for Elementary and Secondary Education, U.S. Department of 
Education (Department), publishes a notice of a modified and rescinded 
system of records to read as follows:
RESCINDED SYSTEM NAME AND NUMBER
    Indian Education--Individual Reporting on Regulatory Compliance 
Related to the Indian Education Professional Development program's 
Service Obligation and the Government Performance and Results Act of 
1993 (GPRA) (18-14-05).

HISTORY:
    The Indian Education--Individual Reporting on Regulatory Compliance 
Related to the Indian Education Professional Development program's 
Service Obligation and the Government Performance and Results Act of 
1993 (GPRA) system of records notice was published in the Federal 
Register on January 25, 2011 (76 FR 4334-4338).

MODIFIED SYSTEM NAME AND NUMBER:
    Personnel Development Program Data Collection System (PDPDCS) (18-
16-04).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION(S):
    (1) Research to Practice Division, Office of Special Education 
Programs, Office of Special Education and Rehabilitative Services, U.S. 
Department of Education, 550 12th Street SW, Washington, DC 20202-2600
    (2) The Department's contractor, AnLar, maintains records at Westat 
Inc., 1600 Research Boulevard, Rockville, MD 20850. The contractor also 
maintains a back-up on a failover server at a redundant data center 
site in an adjacent location at 1600 Research Boulevard, Rockville, MD 
20850.
    (3) Computer Security International, 299 Herndon Parkway, VA 20170 
is the location of Westat's subcontractor, where nightly back-ups of 
the server data are stored.

SYSTEM MANAGER(S):
    System Manager, Research to Practice Division, Office of Special 
Education Programs, Office of Special Education and Rehabilitative 
Services, U.S. Department of Education, 550 12th Street SW, Washington, 
DC 20202-2600.

AUTHORITY FOR MAINTENANCE 0F THE SYSTEM:
    This system of records is authorized for each program office by the 
following legal authorities:
    For the Office of Special Education Programs (OSEP), this system of 
records is authorized by the Individuals with Disabilities Education 
Act (IDEA), 20 U.S.C. 1400 et seq., and specifically--
    (a) For funding distributed from grants made in Fiscal Year (FY) 
2006 and after, 34 CFR 304.23 through 304.30, which implement section 
662(h) of IDEA for those fiscal years;
    (b) For funding distributed from FY 2005 grants, the notice 
published in the Federal Register on March 25, 2005 (70 FR 15306), 
which implements section 662(h) of IDEA for that fiscal year; and
    (c) For funding distributed from grants made for FY 2004 and 
earlier, 34 CFR 304.23 through 304.30 as those regulations existed at 
that time, which implemented section 673(h) of the version of IDEA that 
was in effect prior to December 3, 2004.
    This system of records is also authorized by section 4 of the 
Government Performance and Results Act of 1993 (GPRA), Public Law 103-
62.
    For the Office of Indian Education (OIE), this system of records is 
authorized by section 6122 of the Elementary and Secondary Education 
Act of 1965, as amended (ESEA) and the related regulations in 34 CFR 
part 263, subpart A.
    For the Rehabilitation Services Administration (RSA), this system 
of records is authorized by the Rehabilitation Act of 1973, as amended 
by title IV of the Workforce Innovation and Opportunity Act (WIOA), 
which requires program performance measurement and authorizes service 
obligation, as well as related regulations in 34 CFR parts 385 and 386, 
et seq.

PURPOSE(S) OF THE SYSTEM:
    The information in this system is used for the following purposes: 
Managing all aspects of the Federal service obligation requirements for 
those scholars who receive Federal funds through respective OSEP, RSA, 
and OIE grant programs including debt referrals to the Department's 
Accounts Receivable and Bank Management Group (ARBMG); providing 
accountability for resources expended under the OSEP, OIE, and RSA 
training and personnel development programs in response to the 
Government Performance and Results Act (GPRA); serving as a resource 
for program improvement and grant monitoring; and informing program and 
budgetary planning.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who are recipients of 
Department funds from grants awarded to institutions of higher 
education (IHEs) and other eligible entities by OSEP's Personnel 
Development Program, OIE's Professional Development discretionary grant 
program, and RSA's Rehabilitation Long-Term Training (RLTT) 
discretionary grant program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records about scholars who receive funding 
from OSEP, OIE, and RSA training grants. Information in this system 
includes contact information for the grantee; the grant identification 
number; each scholar's name, Social Security number (SSN), address, 
telephone number, email address, and alternate contact information; 
name and contact information of a person through whom the scholar can 
be contacted; the number of years the scholar needs to work in eligible 
employment to satisfy the service obligation; the total amount of 
funding received; the time period during which the scholar must satisfy 
the service obligation; eligible employment to fulfill the service 
obligation; contact information for employers; and, as applicable, all 
other obligations of the scholar under the regulations. Employers will 
be asked to verify the employment information provided by the scholar. 
In addition, IHEs and scholars may be asked questions about topics 
related to program performance measures (e.g., specific areas of 
training, certification status, reasons for leaving the program before 
completion, gender, ethnic origin, and education history). The 
contractor maintains periodic back-ups on a web-based data server that 
collects data on scholars from grantees, scholars, and their employers.
    This system of records does not cover records maintained in the 
Department's system of records notice entitled ``Education's Central 
Automated Processing System (EDCAPS)'' (18-04-04) as part of the 
Department's receivables management function.

RECORD SOURCE CATEGORIES:
    For OSEP grants awarded prior to FY 2005 and OIE grants awarded 
prior to FY 2009, collection of information from IHEs and other 
eligible entities is limited to identifying information about

[[Page 32893]]

scholars, their service obligation, and the amount of funding received.
    The information for OSEP grants awarded for FY 2005 and after, OIE 
grants awarded for FY 2009 and after, and RSA grants will be collected 
from grantees, scholars, and scholars' employers primarily through a 
web-based data collection system implemented by AnLar, a contractor of 
the Department, and Westat, a subcontractor of the Department.
    Through this system, information related to tracking scholars' 
enrollment, employment, and fulfillment of the terms of the service 
obligation and to evaluating progress on the performance measures for 
the Personnel Development Program will be collected from grantees, 
scholars, and the scholars' employers. When OSEP, OIE, or RSA 
determines that a scholar will not fulfill the service obligation and 
must instead repay some or all of the scholarship funds disbursed to 
the scholar, OSEP, OIE, or RSA, respectively, will forward applicable 
information to the Department's Accounts Receivables and Bank 
Management Group in the Office of Finance and Operations.
    Additionally, the Department may collect records from other persons 
or entities from which data is obtained under the 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. The 
Department may make these disclosures 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, under a computer matching 
agreement.
    (1) Program Purposes. The Department may disclose records from this 
system of records:
    (a) To the scholars' employers to verify the eligible employment of 
scholars who were supported by grant funding and who are fulfilling 
their service obligations.
    (b) To the grantees for monitoring, enforcement, or technical 
assistance related to the scholars' employment.
    (2) Disclosure in the Course of Responding to 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, 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.
    (3) Contract Disclosure. The Department may disclose records to 
employees of an entity with whom 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 shall require the contractor to 
agree to establish and maintain safeguards to protect the security and 
confidentiality of the disclosed records.
    (4) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, Tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulation, or order issued pursuant thereto.
    (5) 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 litigation or 
ADR, the Department may disclose certain records to the parties 
described in paragraphs (b), (c), and (d) of this routine use under the 
conditions specified in those paragraphs:
    (i) The Department or any 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; 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 DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to the judicial or 
administrative 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 judicial or administrative litigation 
or ADR to disclose 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, 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 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.
    (6) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or Office of 
Management and Budget (OMB) if the Department concludes that disclosure 
is desirable or necessary in determining whether particular records are 
required to be disclosed under the FOIA or the Privacy Act.
    (7) Disclosure to DOJ. The Department may disclose records to DOJ 
to the extent necessary for obtaining DOJ advice on any matter relevant 
to an audit, inspection, or other inquiry related to the program 
covered by this system.
    (8) 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 or the 
member's staff 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.
    (9) Research Disclosure. The Department may disclose records under 
routine use 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

[[Page 32894]]

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 
establish and maintain safeguards to protect the security and 
confidentiality of the disclosed records.
    (10) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    The Department may disclose to a consumer reporting agency 
information regarding a claim by the Department that the head of the 
Department has determined to be valid and overdue. Such information is 
limited to--(1) the name, address, taxpayer identification number, and 
other information necessary to establish the identity of the individual 
responsible for the claim; (2) the amount, status, and history of the 
claim; and (3) the program under which the claim arose. The Department 
may disclose the information specified in this paragraph under 5 U.S.C. 
552a(b)(12) and the procedures contained in 31 U.S.C. 3711(e). A 
consumer reporting agency to which these disclosures may be made is 
defined in 31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Westat, the Department's subcontractor through the AnLar contract, 
maintains hard copy records of information about OSEP, OIE and RSA 
scholars in locked file cabinets that are located within locked offices 
protected by a campus and building security system; and, maintains 
electronic records with information about OSEP, OIE, and RSA scholars 
on its secure server.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system are indexed by a unique number assigned by 
the PDPDCS to each individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    These records will be maintained and disposed of in accordance with 
the records retention and disposition authority approved by the 
National Archives and Records Administration (NARA). Until NARA 
approves a retention and disposition schedule for these records, the 
Department will not destroy or delete any records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to the records is limited to authorized personnel only. All 
physical access to the Department's site, and to the sites of the 
Department's contractor and subcontractor, where this system of records 
is maintained, is controlled and monitored by security personnel.
    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. Only Contracting Officer 
Representatives (CORs) assigned to the PDPDCS contract by the 
Department have ``read only'' access to the PDPDCS to monitor the 
improvements and upgrades to the system. A limited number of contractor 
and subcontractor personnel have administrative rights, including read 
and write access, to the system.
    The contractor and subcontractor established secure procedures at 
their sites to ensure confidentiality of data. Their systems are 
required to ensure that information identifying individuals is in files 
physically separated from other research data. The contractor and 
subcontractor will maintain security of the complete set of all master 
data files and documentation. Access to individually identifying data 
is strictly controlled. At each site all hard copy data is kept in 
locked file cabinets during nonworking hours, and work on hard copy 
data will take place in a single room, except for data entry. Physical 
security of electronic data is also maintained. Security features that 
protect electronic project data include: Password-protected accounts 
that authorize users to access only specific network directories and 
network software on the contractor's and subcontractor's systems; and 
user rights and directory and file attributes that limit those who can 
access particular directories and files and determine how they can edit 
them.
    All security for the system is maintained in accordance with 
Moderate data sensitivity controls as defined in National Institute of 
Standards and Technology Special Publication 800-53 Revision 4, 
``Security and Privacy Controls for Federal Information Systems and 
Organizations.''

RECORD ACCESS PROCEDURES:
    If you wish to gain access to your record in the system of records, 
contact the system manager at the address listed above. Requests should 
contain necessary particulars, such as your full name, address, 
telephone number, 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 regulations in 34 CFR 5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:
    If you wish to contest the content of a record regarding you in the 
system of records, contact the system manager at the address listed 
above. Requests should contain necessary particulars, such as your full 
name, address, telephone number, 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 in 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to determine whether a record regarding you exists in 
the system of records, contact the system manager at the address listed 
above. Requests should contain necessary particulars, such as your full 
name, address, telephone number, 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 regulations in 34 CFR 5b.5, including proof of 
identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The System of Records entitled ``The Special Education--Individual 
Reporting on Regulatory Compliance Related to the Personnel Development 
Program's Service Obligation and the Government Performance and Results

[[Page 32895]]

Act of 1993 (GPRA)'' (18-16-04) has only previously been published in 
the Federal Register on October 24, 2008 (73 FR 63453-63457).

[FR Doc. 2019-14690 Filed 7-9-19; 8:45 am]
BILLING CODE 4000-01-P