[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40033-40037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17324]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of Postsecondary Education, U.S. Department of
Education.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the Department of Education (Department) publishes this
notice of a modified system of records entitled ``Fulbright-Hays--
Doctoral Dissertation Research Abroad (DDRA) and Seminars Abroad (SA)
(18-12-02),'' last published in the Federal Register on June 4, 1999.
The information contained in this system is used to determine
applicants' qualifications, eligibility, suitability, and feasibility;
to award benefits for overseas research; to monitor the progress of the
project including its accomplishments; and, to demonstrate the
programs' effectiveness.
DATES: Submit your comments on this modified system of records notice
on or before September 12, 2019.
This modified system of records notice will become applicable upon
publication in the Federal Register on August 13, 2019. Modified
routine uses (2), (3), (5), (6), (7), (9), (10), (12) and new routine
uses (13) and (14) outlined in 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 September 12, 2019, unless the modified system of records
notice needs
[[Page 40034]]
to be changed as a result of public comment. The Department will
publish any 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: Sara Starke, International and Foreign Language
Education, Office of Postsecondary Education, U.S. Department of
Education, 400 Maryland Ave. 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: Sara Starke, International and Foreign
Language Education, Office of Postsecondary Education, U.S. Department
of Education, 400 Maryland Ave. SW, Washington, DC 20202. Telephone:
(202) 453-7681.
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 Department is modifying the section
entitled ``SYSTEM NAME AND NUMBER'' to remove ``Faculty Research Abroad
(FRA)'' and ``Fellows'' from the system name.
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'' to reflect the current location within the Office of
Postsecondary Education (OPE) as the ``International and Foreign
Language Education (IFLE)'' office; and, to update the Department's
address, as applicable.
The Department is modifying the section entitled ``SYSTEM
MANAGER(S)'' to list the system manager's name; to reflect the current
location of the system manager within OPE as the ``International and
Foreign Language Education (IFLE)'' office; and, to update the
Department's address, as applicable.
The Department is modifying the section entitled ``CATEGORIES OF
INDIVIDUALS COVERED BY THE SYSTEM'' to include doctoral candidates and
to specify that both applicants and selectees are individuals whose
information is maintained in the system.
The Department is modifying the section entitled ``CATEGORIES OF
RECORDS IN THE SYSTEM'' to remove the ``FRA'' (Faculty Research Abroad)
program and Social Security numbers, and to indicate that email
addresses will be collected in the system.
The Department is modifying the section entitled ``RECORD SOURCE
CATEGORIES'' to clarify that information in the system may also be
obtained from other persons or entities from which data is obtained
under routine uses set forth in the notice.
The Department is modifying the section entitled ``ROUTINE USES OF
RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES'' to remove the previous routine use (2) entitled
``Disclosure for Use by Other Law Enforcement Agencies'' from the list
of routine uses of records maintained in the system because the system
is not used in a law enforcement capacity.
The Department is modifying newly renumbered routine use (2)
entitled ``Enforcement Disclosure'' to standardize it with other
routine uses (permitting similar disclosures) commonly used by the
Department in its systems of records notices to explain that if
information in the system, either alone or in connection with other
information, indicates a violation or potential violation of any
applicable statutory, regulatory, or legally binding requirement, the
Department may disclose records from the system to an entity charged
with investigating or prosecuting those violations or potential
violations.
The Department is modifying newly renumbered routine use (3)
``Litigation and Alternative Dispute Resolution (ADR) Disclosures'' to
include, under subsection (3)(a)(iii), disclosures to the Department of
Justice (DOJ) where DOJ's representation of a Department employee in
his or her individual capacity has been requested; to revise the
subsection heading of subsection (3)(c) that had referred to
``Administrative Disclosures'' to instead refer to ``Adjudicative
Disclosure;'' to insert, in subsection (3)(c), the word ``person'' in
place of the word ``individual,'' in order 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 a defined term in the
Privacy Act; and, to clarify that subsections (3)(c) and (3)(d) apply
to disclosures that are relevant and necessary to (applicable) judicial
or administrative litigation or alternative dispute resolution rather
than only ``administrative litigation.''
The Department is modifying newly renumbered routine use (5) to
standardize it with other routine uses (permitting similar disclosures)
commonly used by the Department in its systems of records notices to
permit disclosure, in the course of investigation, fact-finding, or
adjudication, of records from this system that are relevant and
necessary to employee grievances, complaints, or disciplinary actions
involving present or former employees, 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.
The Department is modifying newly renumbered routine use (6) to
permit the disclosure of records from this system of records to
arbitrators to resolve disputes under negotiated grievance procedures
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.
The Department is modifying newly renumbered routine use (7) to
permit the Department to disclose records to DOJ and the Office of
Management and Budget (OMB) for assistance in
[[Page 40035]]
determining whether particular records are required to be disclosed
under the Privacy Act.
The Department is modifying newly renumbered routine use (9) to
remove language that referenced imposing safeguard requirements on the
contractor ``before entering into'' the contract and that are 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 modifying newly renumbered routine use (10) to
remove language that had referred to ``Privacy Act safeguards'' to
clarify that all researchers to whom disclosures are made under this
routine use will be required to agree to establish and maintain
safeguards to protect the security and confidentiality of the disclosed
records.
The Department is modifying newly renumbered routine use (12) to
permit the Department to disclose records to the Congressional Budget
Office (CBO) as necessary to fulfill the requirements of the Federal
Credit Reform Act of 1990, as amended, in accordance with 2 U.S.C.
661b.
Pursuant to the requirements in OMB Memorandum M-17-12 entitled
``Preparing for and Responding to a Breach of Personally Identifiable
Information,'' the Department is adding: Routine use (13) entitled
``Disclosure in the Course of Responding to Breach of Data'' to permit
the Department to disclose records from this system to appropriate
agencies, entities, and persons in connection with the Department's
efforts to respond to a suspected or confirmed data breach of this
system or to prevent, minimize, or remedy harm resulting from such a
breach; and, routine use (14) entitled ``Disclosure in Assisting
another Agency in Responding to a Breach of Data'' 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,
or preventing, minimizing, or remedying the risk of harm resulting
from, a suspected or confirmed breach of data.
The Department is removing the section entitled ``DISCLOSURE TO
CONSUMER REPORTING AGENCIES'' because the Department will not disclose
information in this system of records to consumer reporting agencies.
The Department is modifying the section entitled ``POLICIES AND
PRACTICES FOR RETRIEVAL OF RECORDS'' to explain that both hard copy and
electronic records are retrieved by an individual's name; and, in the
event that an individual's name cannot be located, records can also be
retrieved by award number and name of the educational institution.
The Department is modifying the section entitled ``POLICIES AND
PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS'' to reference the
current, appropriate records schedule, General Records Schedule 1.2:
Grant and Cooperative Agreement Records, Items 020 and 021; and,
explain that records are destroyed either 3 years (for unsuccessful
applications) or 10 years (for successful applications), as applicable,
after final action is taken on an applicant's case file, unless longer
retention is required for business use.
The Department is modifying the section entitled ``ADMINISTRATIVE,
TECHNICAL, AND PHYSICAL SAFEGUARDS'' to describe the safeguards used by
the Department for hard copy files.
The Department is modifying the sections entitled ``RECORD ACCESS
PROCEDURES,'' ``CONTESTING RECORD PROCEDURES,'' and ``NOTIFICATION
PROCEDURES'' to define and discuss the information needed to access,
contest, or be notified of a record.
The Department is also adding a section entitled ``HISTORY'' to
comply with the requirements in OMB Circular No. A-108.
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.govinfo.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.
Dated: August 8, 2019.
Robert L. King,
Assistant Secretary for the Office of Postsecondary Education.
For the reasons discussed in the preamble, the delegatee performing
the duties of the Assistant Secretary for Postsecondary Education, U.S.
Department of Education (Department), publishes a notice of a modified
system of records to read as follows:
SYSTEM NAME AND NUMBER
Fulbright-Hays--Doctoral Dissertation Research Abroad (DDRA) and
Seminars Abroad (SA) (18-12-02).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
International and Foreign Language Education (IFLE), Office of
Postsecondary Education, U.S. Department of Education, 400 Maryland
Avenue SW, Washington, DC 20202.
AppNet, 103 W. Broad Street, Fifth Floor, Falls Church, VA 22046.
SYSTEM MANAGER(S):
Sara Starke, International and Foreign Language Education (IFLE),
Office of Postsecondary Education, U.S. Department of Education, 400
Maryland Avenue SW, Washington, DC 20202.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451-2458).
PURPOSE(S) OF THE SYSTEM:
The information contained in this system is used for the following
purposes: (1) To determine an applicant's qualifications, eligibility,
suitability, and feasibility; (2) to award benefits for overseas
research; (3) to monitor the progress of the project including its
accomplishments; and (4) to demonstrate the programs' effectiveness.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on teachers, prospective teachers, or
doctoral candidates who apply for or are selected to be recipients for
Fulbright-Hays awards to enable them to engage in foreign language and
area studies projects overseas.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system of records consists of a variety of records relating to
an individual's application for, and participation in, the Fulbright-
Hays DDRA or SA programs. In addition to the individual's name, the
system
[[Page 40036]]
contains the individual's address, telephone number, email address,
educational institution, date and place of birth, citizenship,
veteran's status, accompanying dependents' names, previous overseas
travel, educational and employment background, student loan default
status, health statement, transcripts, references, project description
and project cost based on either the cost-of-living in the host country
or the annualized salary of a faculty member, field reader and US
Embassy comments, award documents, and final project reports.
RECORD SOURCE CATEGORIES:
Information is obtained from the individual on approved application
forms and from field readers, and may be secured from the U.S.
Department of State, U.S. embassies, binational commissions, the J.
William Fulbright Foreign Scholarship Board, and foreign educators and
officials. Information in this system also may 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 matching agreement.
(1) Program Disclosure. The Department may disclose information to
field readers, the U.S. Department of State, U.S. embassies, binational
commissions, the J. William Fulbright Foreign Scholarship Board, or to
foreign educators or officials so that the information can be used to
determine the qualifications, eligibility, suitability, feasibility,
and award benefits for overseas research.
(2) Enforcement Disclosure. If information in this system of
records, either alone or in connection with other information,
indicates a violation or potential violation of any applicable
statutory, regulatory, or legally binding requirement, the Department
may disclose records to an entity charged with investigating or
prosecuting those violations or potential violations.
(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the parties listed in
sub-paragraphs (i) through (v) is involved in 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
where the Department of Justice (DOJ) agrees to or has been requested
to provide or arrange for representation for the employee;
(iv) Any Department employee 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 DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative Disclosure. If the Department determines that
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 litigation or ADR, the
Department may disclose those records as a routine use to the
adjudicative body, person, or entity.
(d) Disclosure to Parties, Counsels, Representatives, and
Witnesses. If the Department determines that disclosure of certain
records is relevant and necessary to the litigation or ADR, the
Department may disclose those records as a routine use to the party,
counsel, representative, or witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) 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 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 a record 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 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. 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 in 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.
(6) Labor Organization Disclosure. The Department may disclose a
record from this system of records to an arbitrator to resolve disputes
under a negotiated grievance procedure 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 and the
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.
(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 purposes of performing any function that requires disclosure of
records in this system to employees of the contractor, the Department
may disclose the records to those employees. As part of such a
contract, the Department will require the contractor to agree to
establish and maintain safeguards to
[[Page 40037]]
protect the security and confidentiality of the disclosed records.
(10) Research Disclosure. The Department may disclose records to a
researcher if an 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
establish and 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 OMB and the Congressional Budget Office (CBO)
for Federal Credit Reform Act (CRA) Support. The Department may
disclose records to OMB and CBO as necessary to fulfill CRA
requirements in accordance with 2 U.S.C. 661b.
(13) Disclosure in the Course of Responding to 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, 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 in hardcopy, filed in standard filing
cabinets, and in an electronic data warehouse maintained by AppNet and
accessible by AppNet, individual participants, participants'
institutions, and Department personnel.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Hardcopy and electronic files are retrieved by individual names. In
the event an individual's name cannot be located, records can be
retrieved by award number and name of educational institution.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records are retained and disposed of in accordance with General
Records Schedule 1.2: Grant and Cooperative Agreement Records (GRS
1.2), Items 020 and 021. Records of successful applications are
destroyed, in accordance with GRS 1.2, Item 020, 10 years after final
action is taken on the applicant's case file, but longer retention is
authorized if required for business use. Records of unsuccessful
applications are destroyed, in accordance with GRS 1.2, Item 021, 3
years after final action is taken on the applicant's case file, but
longer retention is authorized if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
All physical access to the site of the Department and the site of
the Department's contractor where this system of records is maintained
is controlled and monitored by personnel who check each individual
entering the building. The computer system employed by AppNet offers a
high degree of resistance to tampering and circumvention.
This security system limits data access to Department and contract
staff grantees 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. Hard copy files are locked in file cabinets, and only those
with a need-to-know have keys.
RECORD ACCESS PROCEDURES:
If you wish to gain access to records regarding you in this system
of records, contact the system manager at the address listed above.
Requests must contain the necessary particulars, such as your full
name, date of birth, the year of the award, the name of the grantee
institution, major country in which you conducted your educational
activity, and any other identifying information requested by the
Department while processing the request in order to distinguish between
individuals with the same name. Your request must meet the requirements
of the regulations at 34 CFR 5b.5.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in
this system of records, contact the system manager at the address
listed above. Requests should contain your full name, date of birth,
the year of the award, the name of the grantee institution, major
country in which you conducted your educational activity, and any other
identifying information requested by the Department while processing
the request in order to distinguish between individuals with the same
name. 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
the system of records, contact the system manager at the address listed
above. Requests must contain the necessary particulars, such as your
full name, date of birth, the year of the award, the name of the
grantee institution, major country in which you conducted your
educational activity, and any other identifying information requested
by the Department while processing the request in order to distinguish
between individuals with the same name. Your request must meet the
requirements of the regulations at 34 CFR 5b.5.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The system of records entitled ``Fulbright-Hays--Doctoral
Dissertation Research Abroad (DDRA) and Seminars Abroad (SA) (18-12-
02),'' was last fully published in the Federal Register on June 4, 1999
(64 FR 30175-30177).
[FR Doc. 2019-17324 Filed 8-12-19; 8:45 am]
BILLING CODE 4000-01-P