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<pai>
<agency toc="yes">
<name>Department of Education</name>
<abbrev>ED
</abbrev>
    <previousPubs id="systems" toc="yes">
        <title>Systems of Records Published Between January 3, 2022 and December 29, 2023</title>
    </previousPubs>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-03-16/pdf/2022-05516.pdf</url>
        <title> Privacy Act of 1974; Matching Program</title>
        <date year="2022" month="3" day="16" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-06-17/pdf/2022-13057.pdf</url>
        <title> Reasonable Accommodation Program Files (RAPF) (18-17-01)</title>
        <date year="2022" month="6" day="17" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-09-13/pdf/2022-19886.pdf</url>
        <title> Enterprise Data Management and Analytics Platform Services (EDMAPS) (18-11-22)</title>
        <date year="2022" month="9" day="13" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-09-13/pdf/2022-19887.pdf</url>
        <title> Common Services for Borrowers (CSB) (18–11–16)</title>
        <date year="2022" month="9" day="13" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-09-13/pdf/2022-19888.pdf</url>
        <title> Common Origination and Disbursement (COD) System (18-11-02)</title>
        <date year="2022" month="9" day="13" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-09-13/pdf/2022-19890.pdf</url>
        <title> Aid Awareness and Application Processing (18-11-21)New; Federal Student Aid Application File (18-11-01) and Customer Engagement Management System (CEMS) (18-11-11); rescinded</title>
        <date year="2022" month="9" day="13" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2022-09-22/pdf/2022-20682.pdf</url>
        <title> National Student Loan Data System (NSLDS) (18–11–06)</title>
        <date year="2022" month="9" day="22" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-01-18/pdf/2023-00768.pdf</url>
        <title> National Center for Education Statistics (NCES) Longitudinal, Cross-sectional, and International Studies (18-13-01)</title>
        <date year="2023" month="1" day="18" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-01-25/pdf/2023-01466.pdf</url>
        <title> Correction to Docket ID number published on 1/18/2023</title>
        <date year="2023" month="1" day="25" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-04-03/pdf/2023-06871.pdf</url>
        <title>Emergency Notification System (ENS) (18-03-06).</title>
        <date year="2023" month="4" day="3" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-04-04/pdf/2023-06937.pdf</url>
        <title>Privacy Act; Matching Program.</title>
        <date year="2023" month="4" day="4" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-06-05/pdf/2023-11856.pdf</url>
        <title>Privacy Act; Matching Program.</title>
        <date year="2023" month="6" day="5" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-06-15/pdf/2023-12831.pdf</url>
        <title>Aid Awareness and Application Processing (18-11-21).</title>
        <date year="2023" month="6" day="15" />
    </previouslyPublished>
        <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-06-28/pdf/2023-13697.pdf</url>
        <title>National Student Loan Data System.</title>
        <date year="2023" month="6" day="28" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-06-28/pdf/2023-13698.pdf</url>
        <title>Common Origination and Disbursement (COD) System (18-11-02).</title>
        <date year="2023" month="6" day="28" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-06-29/pdf/2023-13846.pdf</url>
        <title>Privacy Act; Matching Program.</title>
        <date year="2023" month="6" day="29" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-06-29/pdf/2023-13980.pdf</url>
        <title>FUTURE Act System (FAS)" (18-11-23).</title>
        <date year="2023" month="6" day="29 " />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-07-11/pdf/2023-14528.pdf</url>
        <title>FUTURE Act System (FAS) (18–11– 23); Effective Date Correction</title>
        <date year="2023" month="7" day="11" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-07-12/pdf/2023-14766.pdf</url>
        <title>Privacy Act; Matching Program; Correction</title>
        <date year="2023" month="7" day="12" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-07-27/pdf/2023-15931.pdf</url>
        <title>Common Services for Borrowers (CSB) (18–11–16).</title>
        <date year="2023" month="7" day="27 " />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-07-28/pdf/2023-15997.pdf</url>
        <title>Enterprise Data Management and Analytics Platform Services (EDMAPS) (18–11–22). </title>
        <date year="2023" month="7" day="28 " />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-07-28/pdf/2023-16001.pdf</url>
        <title>Person Authentication Service (PAS) (18–11–12)</title>
        <date year="2023" month="7" day="28 " />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-08-03/pdf/2023-16563.pdf</url>
        <title>Privacy Act; Matching Program.</title>
        <date year="2023" month="8" day="3" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-09-08/pdf/2023-19446.pdf</url>
        <title>Privacy Act; Matching Program.</title>
        <date year="2023" month="9" day="8" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-09-18/pdf/2023-20138.pdf</url>
        <title>Reasonable Accommodation Program Files (RAPF) (18–03–07)</title>
        <date year="2023" month="9" day="18" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-10-20/pdf/2023-23164.pdf</url>
        <title>Connecting Adult to Success: Evaluation of Career Navigator Training (18-13-46).</title>
        <date year="2023" month="10" day="20" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-10-30/pdf/2023-23855.pdf</url>
        <title>Privacy Act of 1974; Matching Program.</title>
        <date year="2023" month="10" day="30" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-11-24/pdf/2023-25999.pdf</url>
        <title>Privacy Act of 1974; Matching Program.</title>
        <date year="2023" month="11" day="24" />
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.govinfo.gov/content/pkg/FR-2023-12-22/pdf/2023-28161.pdf</url>
        <title>Fulbright-Hays-Doctoral Dissertation Research Abroad (DDRA), Faculty Research Abroad (FRA), and Seminars Abroad (SA) (18-12-02)</title>
        <date year="2023" month="11" day="24" />
    </previouslyPublished>

    <routineUses id="routine" toc="yes">
<xhtmlContent>
<p><b>Routine Uses
</b></p>
<p>Paragraph (b)(3) of section 552a permits disclosure for a routine use. A routine use is a
use of a record for a purpose which is compatible with the purpose for which the record was
collected. Each routine use for which an agency may disclose a record must be published in the
notice of the system of records for which the use will apply. Many of the systems of records
maintained by the Department use standard routine uses. These standard routine uses were published
in Appendix B to the Department's Privacy Act regulations (34 CFR part 5b, May 9, 1980, 45 FR
30808). A system that adopts a standard routine use refers to Appendix B. For ease of reading, the
routine uses listed in Appendix are appended to this document before the Index of Systems and System
Numbers.
</p><p><b>Appendix B of Departmental Regulations (34 CFR part 5b)
</b></p>
<p><i>Routine Uses Applicable To More Than One System of Records Maintained by ED
</i></p>
<p>(1) In the event that a system of records maintained by this agency to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether federal, or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>(2) Referrals may be made of assignments of research investigators and project monitors to
specific research projects to the Smithsonian Institution to contribute to the Smithsonian Science
Information Exchange, Inc.
</p><p>(3) In the event the Department deems it desirable or necessary, in determining whether
particular records are required to be disclosed under the Freedom of Information Act, disclosure may
be made to the Department of Justice for the purpose of obtaining its advice.
</p><p>(4) A record from this system of records may be disclosed as a `routine use' to a federal, state
or local agency maintaining civil, criminal or other relevant enforcement records or other pertinent
records, such as current licenses, if necessary to obtain a record relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a security clearance, the letting
of a contract, or the issuance of a license, grant or other benefit.
</p><p>A record from this system of records may be disclosed to a federal agency, in response to its
request, in connection with the hiring or retention of an employee, 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 by the requesting agency, to the extent that the
record is relevant and necessary to the requesting agency's decision on the matter.
</p><p>(5) In the event that a system of records maintained by this agency to carry out its function
indicates a violation or potential violation of law, whether civil, criminal or regulatory in
nature, and whether arising by general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, the relevant records in the system of records may be referred, as
a routine use, to the appropriate agency, whether state or local charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing the statute,
or rule, regulation or order issued pursuant thereto.
</p><p>(6) Where federal agencies having the power to subpoena other federal agencies' records, such as
the Internal Revenue Service or the Civil Rights Commission, issue a subpoena to the Department for
records in this system of records, the Department will make such records available.
</p><p>(7) Where a contract between a component of the Department and a labor organization recognized
under E.O. 11491 provides that the agency will disclose personal records relevant to the
organization's mission, records in this system of records may be disclosed to such organization.
</p><p>(8) Where the appropriate official of the Department, pursuant to the Department's Freedom of
Information Regulation determines that it is in the public interest to disclose a record which is
otherwise exempt from mandatory disclosure, disclosure may be made from this system of records.
</p><p>(9) The Department contemplates that it will contract with a private firm for the purpose of
collating, analyzing, aggregating or otherwise refining records in this system. Relevant records
will be disclosed to such a contractor. The contractor shall be required to maintain Privacy Act
safeguards with respect to such records.
</p><p>(10) To individuals and organizations, deemed qualified by the Secretary to carry out specific
research solely for the purpose of carrying out such research.
</p><p>(11) Disclosures in the course of employee discipline or competence determination proceedings.</p></xhtmlContent></routineUses>
<section id="ed18-01-01" toc="yes">
<systemNumber>18-01-01</systemNumber>
    <subsection type="systemName">
        Secretary’s Communications Control System (18–01–01).
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p> Office of the Secretary, 400 Maryland Avenue, SW., Washington, DC 20202-0124.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Executive Secretariat, Office of the Secretary, 400 Maryland Avenue, SW., Washington, DC 20202-0124.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>5 U.S.C. 301.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Records are derived from documents addressed to or issued by the Secretary, the Deputy Secretary, Senior Officials, or other officials of the Department.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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.</p>
            <p>
                (1) <i> Government and Private Organization Disclosure. </i>     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.
            </p>
            <p>
                (2)  <i> Congressional Disclosure. </i>    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.
            </p>
            <p>
                (3)  <i> Litigation and Alternative Dispute Resolution (ADR) Disclosures. </i>
            </p>
            <p>
                (a) <i>  Introduction. </i>   In the event that one of the parties listed in subparagraphs (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 certain records to the parties described in paragraphs (b), (c), or (d) of this routine use under the conditions specified in those paragraphs:
            </p>
            <p>(i)  The Department or any component of the Department;</p>
            <p>(ii)  Any Department employee in his or her official capacity;</p>
            <p>(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;</p>
            <p>(iv)  Any Department employee in his or her official capacity if the Department has agreed to represent the employee; or</p>
            <p>(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.</p>
            <p>
                (b)  <i>   Disclosure to the DOJ. </i>    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.
            </p>
            <p>
                (c) <i> Adjudicative Disclosure. </i>    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.
            </p>
            <p>
                (d) <i> Disclosure to Parties, Counsels, Representatives, or Witnesses. </i>     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.
            </p>
            <p>
                (4) <i> Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure. </i>     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.
            </p>
            <p>
                (5) <i> Disclosure in the Course of Responding to a Breach of Data. </i>    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.
            </p>
            <p>
                (6) <i>    Disclosure in the Course of Another Federal Agency or Federal Entity Responding to a Breach of Data. </i>    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.
            </p>
               </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>The records are maintained in hard copy in standard file cabinets and electronically on servers and on backup media.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>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).</p>
            <p>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.</p>
            <p>Records covered by ED 063 are considered temporary and are destroyed/deleted 2 years after cut-off.  Cut-off occurs annually.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>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 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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>
                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).

            </p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p><p><b>Appendix to 18-01-01
</b></p><p><i>Additional System Locations and System Managers
</i></p><p>Director,  Office of the Executive Secretariat, Office of the Secretary, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 7C114, Washington, DC  20202.
</p><p>Management Analyst, Office of Chief Financial and Chief Information Office, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 4E213, Washington, DC  20202.
</p><p>Supervisor, Management and Program Analyst, Office for Civil Rights, U.S. Department of
Education, 330 C Street, SW., Room 5026, Washington, DC  20202.
</p><p>Staff Assistant, Office of the Deputy Secretary, U.S. Department of Education, 400 Maryland
Avenue, SW., Room 7W210, Washington, DC  20202.
</p><p>Program Management Analyst, Office of Educational Research and Improvement, U.S. Department of
Education, 555 New Jersey Avenue, NE., Room 602, Washington, DC  20202.
</p><p>Policy Coordinator Analyst, Office of Elementary and Secondary Education, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 3W337, Washington, DC  20202.
</p><p>Operations Officer, Office of General Counsel, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 6E353, Washington, DC  20202.
</p><p>Staff Assistant, Office of Intergovernmental and Interagency Affairs, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 5E317, Washington, DC  20202.
</p><p>Director, Congressional Affairs, Office of Legislation and Congressional Affairs, U.S. Department
of Education, 400 Maryland Avenue, SW., Room 7E301, Washington, DC  20202.
</p><p>Director, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Room
2W300, Washington, DC  20202.
</p><p>Deputy Director, Office of Public Affairs, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 7E231, Washington, DC  20202.
</p><p>Management and Program Analyst, Office of Postsecondary Education, U.S. Department of Education,
400 Maryland Avenue, SW., Room 4082, Washington, DC  20202.
</p><p>Customer Service Specialist, Office of Special Education and Rehabilitative Services, U.S.
Department of Education, 400 Maryland Avenue, SW., Room 3113, Washington, DC  20202.
</p><p>Executive Secretariat Liaison, Office of Vocational and Adult Education, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 4090, Washington, DC  20202.</p></xhtmlContent></subsection></section>
<section id="ed18-01-02" toc="yes">
<systemNumber>18-01-02</systemNumber>
<subsection type="systemName">Education Senior Management Biographies.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Secretary, Office of Public Affairs (OPA), U.S. Department of Education, 400
Maryland Avenue, SW., Room 7E200, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains information on Department of Education (Department)senior management
officials, including the Secretary, Deputy Secretary, Under Secretary, General Counsel, and
Assistant Secretaries.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of a short biography and a standard portrait photograph, both of which
the senior Department official may elect to provide.  The biography includes the official's name,
title, office, and a brief overview of the duties performed at the Department.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is made available to the public and staff of the
Department who have an interest in seeing the photographs or reading the background information on
senior Department officials.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department (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 Act, under a computer matching agreement.
</p><p>(1) General Interest Disclosure. The records in this system may be released to the public who
have an interest in the background or photographs or both of Department senior officials.
</p><p>(2) Media Disclosure. The Department may disclose records in this system for use by the news
media and education organizations when preparing articles, interviews or presentations at meetings
with senior Department officials.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The biographies and photographs are available in electronic format on the Department's
Internet website (http://www.ed.gov). Hard copies of the biographies and photographs are kept in
file cabinets in OPA and in the individual offices of the respective Department senior officials.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The biographies and photographs are indexed by the officials' last names in alphabetical
order. The general public is encouraged to access this information via the Department's website (
http://www.ed.gov). Hard copies are retrieved by the last name of the senior Department official.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>No safeguards are in place since the Department senior management officials agree to the
release of this information to the general public.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper copies of biographical information of senior level officials are transferred to the
National Archives and Records Administration for permanent preservation at the end of each calendar
year. Electronic copies of biographical information are periodically updated as circumstances
warrant due to promotions, reassignments, resignations and death.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Director, Office of Public Affairs (OPA), U.S. Department of Education, 400 Maryland
Avenue, SW., 7E200, Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
provide the system manager with your name, title and office at the time your biographical
information was submitted. Requests for notification about an individual must meet the requirements
of the regulations at 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, contact the system manager and
provide the information described above in the Notification Procedure.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record, contact the system manager. Any requests to
amend a record must meet the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from the Offices of the Secretary, the Deputy
Secretary, the Under Secretary, the General Counsel and the Assistant Secretaries.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-03-01" toc="yes">
<systemNumber>18-03-01</systemNumber>
<subsection type="systemName">Debarment and Suspension Proceedings under Executive Order (EO) 12549, the Drug-Free Workplace Act, and the Federal Acquisition Regulation (FAR).
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p></xhtmlContent>
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>For records regarding debarment and suspension actions under:  </p>
<p><i>Federal Acquisition Regulation, 48 Code of Federal Regulations (CFR), part 9, subpart 9.4 - Debarment:</i>  Office of the Chief Financial Officer, U.S. Department of Education, 550 12th St., SW., Washington, DC 20202-1100.</p>
<p><i>EO 12549 " Debarment and Suspension (General):</i>  Grants Policy and Procedures Team, Risk Management Service, Office of the Deputy Secretary, U.S. Department of Education, 550 12th St., SW., Washington, DC 20202-1100.</p>
<p><i>EO 12549 " Debarment and Suspension (For certified public accountants (CPAs) or principals of a CPA firm):</i>  Audit Services, Office of Inspector General, U.S. Department of Education, 100 Penn Square East, Philadelphia, PA 19107-3323.  </p>
<p><i>EO 12549 " Debarment and Suspension (For principals of institutions of higher education, principals of lenders, or principals of guarantee agencies):</i>  Administrative Actions and Appeals Division, Office of Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Washington, DC 20202-5353 and Office of Hearings and Appeals, Office of Management, U.S. Department of Education, 490 E. L"Enfant Plaza, SW., Suite 2100A, Washington, DC 20202-4616.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system covers principals undergoing debarment or suspension proceedings and principals that have been debarred or suspended under either EO 12549, the Drug-Free Workplace Act, title IV of the Higher Education Act of 1965, as amended (HEA), or the Federal Acquisition Regulation.  For the purposes of EO 12549, and the Drug-Free Workplace Act, the term "principal" is defined in the Department"s regulations at 2 CFR 3485.995 and includes an officer, director, owner, partner, or other person who is in a position to handle Federal funds, or influence or control those funds or occupies a professional or technical position capable of substantially influencing the development or outcome of an activity required to perform a covered transaction.  For purposes of transactions made under title IV of the HEA, the term "principal" also includes a third-party servicer and any person who provides services described in 34 CFR 668.2 or 682.200 to a title IV, HEA participant, whether or not that person is retained or paid directly by the title IV, HEA participant.  A "participant" is defined in 2 CFR 180.980 as any person who submits a proposal for, or who enters into, a covered transaction, including an agent or representative of a participant.  A "covered transaction" is a transaction described in 2 CFR part 180, subpart B, and the Department"s regulations in 2 CFR 3485.220.  This system of records covers contractors who are undergoing debarment or suspension proceedings or who have been debarred or suspended.  Contractors covered by this system of records are individuals who meet the definition of "contractor" under 48 CFR 9.403, including individuals who directly or indirectly submit offers for or are awarded, or may reasonably be expected to submit offers for or be awarded, a government contract, or who conduct business, or may reasonably be expected to conduct business with the Department as an agent or representative of another contractor.  Finally, this system covers individuals receiving grants or contracts subject to requirements under the Drug-Free Workplace Act who are undergoing debarment or suspension proceedings or who have been debarred or suspended.  </p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>This system of records contains documents relating to debarment and suspension proceedings, including:  written referrals, notices of suspensions and proposed debarments, respondents" responses to notices and other communications between the Department and respondents, court documents, including indictments, information, judgments of conviction, plea agreements, prosecutorial offers of evidence to be produced at trial, pre-sentencing reports and civil judgments, intra-agency and inter-agency communications regarding proposed or completed debarments or suspensions, and records of any interim or final decisions, requests, or orders made by a deciding debarring or suspending official (DSO) or fact-finding DSO pursuant to EO 12549, the Drug-Free Workplace Act, and the FAR, 48 CFR subpart 9.4.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>EO 12549, Debarment and Suspension (3 CFR 1986 Comp., p. 189); EO 12689 (3 CFR 1989 Comp., p. 235); the Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355, title II, section 2455, 108 Stat. 3327 (31 U.S.C. 6101 note); 2 CFR part 180 " the Office of Management and Budget Guidelines and 2 CFR part 3485; Departmental Directive for Nonprocurement Debarment and Suspension, Administrative Communications System Directive ODS:  1-101 (Directive); 20 U.S.C. "" 1082, 1094, 1221e-3, and 3474; the Drug-Free Workplace Act of 1988, as amended (41 U.S.C. 8101-8106); 34 CFR part 84 - Department"s Regulations on the Requirements for Drug-Free Workplace (Financial Assistance); and the Federal Acquisition Regulation, 48 CFR subpart 9.4, Debarment, Suspension, and Ineligibility.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>Information contained in this system of records is used to:  (1) protect the Federal Government from the actions of individuals that constitute grounds for debarment or suspension or both under the Department"s debarment and suspension regulations, the Department"s Drug-Free Workplace regulations, or the FAR; (2) make decisions regarding debarments and suspensions; and (3) ensure that participants and Federal agencies give effect to debarment or suspension decisions rendered by the Department.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 case by case or, if the Department has complied with the requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement.</p>
<p>(1)  Litigation or Alternative Dispute Resolution (ADR) Disclosure. </p>
<p>(a)  In the event that one of the parties listed below 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:</p>
<p>(i)  The Department or any component of the Department;</p>
<p>(ii)  Any employee of the Department in his or her official capacity;</p>
<p>(iii)  Any employee of the Department in his or her individual capacity where the Department of Justice (DOJ) has agreed or has been requested to provide or arrange for representation for the employee; </p>
<p>(iv)  Any employee of the Department in his or her individual capacity where the Department has agreed to represent the employee; or</p>
<p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
<p>(b)  Disclosure to the Department of Justice.  If the Department determines that disclosure of certain records to DOJ or attorneys engaged by the DOJ is relevant and necessary to judicial or administrative litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to DOJ.</p>
<p>(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 an individual or entity designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and necessary to judicial or administrative litigation or ADR and is compatible with the purposes for which the records were collected, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.</p>
<p>(d)  Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to judicial or administrative litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
<p>(2)  Disclosure to the General Services Administration.  The Department makes information contained in this system of records available to the General Services Administration for inclusion in the System for Award Management (SAM).  SAM incorporates all records from the Excluded Parties List System (EPLS), the prior record- keeping system for suspension and debarment information. This list may be accessed via the Internet at www.sam.gov/portal/public/SAM.</p>
<p> (3)  Disclosure to the Public.  The Department provides information to the public about individuals who have been debarred or suspended by the Department to enforce debarment and suspension actions.</p>
<p>(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 relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether foreign, Federal, State, tribal, or local, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or executive order or rule, regulation, or order issued pursuant thereto.</p>
<p>(5)  Freedom of Information Act or Privacy Act Advice Disclosure.  In the event the Department deems it prudent or necessary, in determining whether particular records are required to be disclosed under the Freedom of Information Act or the Privacy Act, disclosure may be made to the Department of Justice or the Office of Management and Budget for the purpose of obtaining advice.</p>
<p>(6)  Contract Disclosure.  If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records as a routine use to those employees.  Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.</p>
<p>(7)  Research Disclosure.  Where an appropriate official of the Department determines that an individual or organization is qualified to carry out specific research related to the functions or purposes of this system of records, that official may disclose information from this system of records to that researcher solely for the purpose of carrying out the research related to the functions or purposes of this system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect to the disclosed records.</p>
<p>(8)  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.</p>
<p>(9)  Disclosure in the Course of Responding to Breach of Data.  The Department may disclose records to appropriate agencies, entities, and persons when (a) it is suspected or confirmed that the security or confidentiality of information in this system has been compromised; (b) the Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or by another agency or entity) that rely upon the compromised information; and (c) the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist the Department in responding to the suspected or confirmed compromise and in preventing, minimizing, or remedying such harm.  </p>
<p>(10) Disclosure in the Course of the Department"s Debarment or Suspension Proceedings or in Anticipation of Such Proceedings.  The Department may disclose records to any business entity, organization, or individual who is involved in the Department"s debarment or suspension proceedings or who is anticipated to be involved in such proceedings, or to the legal representative thereof.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>Paper records are kept in file folders in locked file cabinets.  Electronic records are kept in a computer database and on a Web-based portal maintained by the Department.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are indexed by the names of the individuals and by docket numbers.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>All physical access to the sites where this system of records are maintained is controlled and monitored by security personnel who check each individual entering the building for his or her employee badge.  Paper files are kept in locked file cabinets.  Immediate access to these records is restricted to authorized staff.  The computer database maintained by the Office of Hearings and Appeals, Office of Management, is accessible only to authorized persons and is password-protected and utilizes security hardware and software.  The Web-based portal that is operated by the Office of Hearings and Appeals, Office of Management, however, is accessible to anyone with access to the Internet.</p>
<p>Access to records in this system is only available to authorized users.  Management approves all access, roles and responsibilities.  Users outside of the internal functional team have no access to personally identifiable information.  Strict access to production and reporting databases is enforced.  Intrusion detection, user recertification, and vulnerability scans are performed on access and databases. </p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records relating to debarment and suspension actions under EO 12549 are retained in accordance with Department of Education Records Disposition Schedule (ED/RDS) Part 16, Item 4(c).  These records are retained for eight years from the end of the fiscal year in which the case is closed and then destroyed.  Records relating to all other debarment and suspension actions are currently unscheduled, pending approval of applicable records retention schedules by the National Archives and Records Administration (NARA).  These records will not be destroyed until applicable NARA-approved records retention schedules are in effect.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Senior Procurement Executive, Office of the Chief Financial Officer, U.S. Department of Education, 550 12th St., SW., Washington, DC 20202-1100.</p>
<p>Director, Risk Management Service, Office of the Deputy Secretary, U.S. Department of Education, 550 12th St., SW., Washington, DC 20202-1100.</p>
<p>Non-Federal Audit Director, Office of Inspector General, U.S. Department of Education, 100 Penn Square East, Philadelphia, PA 19107-3323.</p>
<p>Director, Administrative Actions and Appeals Division, Office of Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Washington, DC 20202-5353.</p>
<p>Director, Office of Hearings and Appeals, Office of Management, U.S. Department of Education, 490 E. L"Enfant Plaza, SW., Suite 2100A, Washington, DC 20202-4616.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>If an individual wishes to determine whether a record exists regarding him or her in this system of records, the individual must contact the system manager.  Requests for notification about an individual record must meet the requirements of the regulations in 34 CFR 5b.5.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>If an individual wishes to gain access to a record in this system, he or she must contact the system manager and provide information as described in the notification procedure.  Requests for access to an individual's record must meet the requirements of the regulations in 34 CFR 5b.5.  Consistent with 5 U.S.C. 552a(d)(5), the Department retains the discretion not to disclose records to an individual during the course of a debarment or suspension proceeding against the individual.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If an individual wishes to change the content of a record in the system of records, he or she must contact the system manager with the information described in the notification procedure, identify the specific item(s) to be changed, and provide a written justification for the change, including any supporting documentation.  Requests to amend a record must meet the requirements of the regulations in 34 CFR 5b.7.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Sources for records in this system include:  Department employees involved in the management of grants, contracts, and agreements; the investigative inspection and audit files maintained by the Department"s Office of Inspector General; other organizations or persons that may have relevant information regarding participants and their principals; and participants, principals, contractors, or other individuals undergoing or who have undergone debarment and suspension proceedings.</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-03-02" toc="yes">
<systemNumber>18-03-02</systemNumber>
<subsection type="systemName">Education's Central Automated Processing System (EDCAPS).
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p></xhtmlContent>
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Electronic Data Records:  Dell System"s Plano Technology Center, 2300 West Plano Parkway, Plano, TX 75075-8427 and Dell System's Florence Technology Center, 7190 Industrial Road, Florence, KY 41022-2908 (contractor).</p>
<p>See the Appendix at the end of this notice for additional system locations.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>Categories of individuals covered by the system include employees of the Department of Education (Department), consultants, contractors, grantees, advisory committee members, peer reviewers, and other individuals receiving funds from the Department for performing services for and providing goods to the Department.</p>
<p>Other categories of individuals covered by the system include:</p>
<p>&#8226; Persons billed by the Department for materials and services such as Freedom of Information Act requests and computer tapes of statistical data. </p>
<p>&#8226; Persons ordered by a court of law to pay restitution to the Department. </p>
<p>&#8226; Individuals who have received funds through the Rehabilitation Services Administration (RSA) Scholarship program and who have not provided evidence of fulfilling their obligations under that program. </p>
<p>&#8226; Current and former Department employees who received overpayments and the overpayments have not been waived by the Department. </p>
<p>&#8226; Individuals who were overpaid or inappropriately paid under grant programs administered by the Department other than Title IV of the Higher Education Act of 1965, as amended. </p>
<p>&#8226; Claims against individuals, including orders by a court or other authority to make restitution, for the misuse of Federal funds in connection with any program administered by the Department.</p>
<p>Student loan repayment records and records maintained by the Department"s Office of Hearings and Appeals in either its debt management tracking system or on its Web-based system displaying final agency decisions are not covered under this notice.  </p>
<p>Although EDCAPS contains information about institutions associated with individuals, the purposes for which the Department collects and maintains information under this system of records, and its usage of this information, pertains only to individuals protected under the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>Records in this system contain the individual's name and address, telephone number, Taxpayer Identification Number (TIN), the Data Universal Numbering System (DUNS) number provided by Dun &amp; Bradstreet, Social Security number (SSN), date of birth, email address, banking information, eligibility codes, detailed and summary obligation data, reports of expenditures, and grant management data, including application and close-out information.  Documents maintained in the system include, but are not limited to, activity logs, copies of checks, contracts, court orders, letters of notice, promissory notes, telephone logs, peer reviewer resumes, and related correspondence.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Authority for maintenance of the system includes section 415 of the Department of Education Organization Act (Pub. L. 96-88, 20 U.S.C. 3475); 31 U.S.C. 3321 (note); 31 U.S.C. 3512 (including the note) and 3515; 31 U.S.C. 7504; 31 U.S.C. 902(a); Executive Order (EO) 9397 (8 FR 16095), as amended by EO 13478 (73 FR 70239), and 31 U.S.C. 7701 (TIN); Statements of Federal Financial Accounting Standards issued by the Government Accountability Office, the U.S. Department of the Treasury, and the Office of Management and Budget; 31 U.S.C. 3711-3720E.  </p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The purpose of EDCAPS is to maintain financial and management records associated with the fiscal operations of the Department and other entities with contracting authority that use EDCAPS. </p>
<p>Records are used for, but not limited to, the following:</p>
<p>&#8226; Managing grant and contract awards.</p>
<p>&#8226; Making payments.</p>
<p>&#8226; Accounting for goods and services provided and received.</p>
<p>&#8226; Enforcing eligibility requirements and conditions in awards and U.S. law relating to transactions covered by this system.</p>
<p>&#8226; Defending the Department in actions relating to transactions covered by this system.</p>
<p>&#8226; Investigating complaints.</p>
<p>&#8226; Updating information.</p>
<p>&#8226; Correcting errors, investigating fraud, and preventing improper payments.</p>
<p>&#8226; Performing the receivables management function and safeguarding public funds.</p>
<p>&#8226; Preparing financial statements and other financial documents.</p>
<p>&#8226; Determining qualifications of individuals for selection as grant application peer reviewers.</p>
<p>The EDCAPS financial management system consists of a suite of applications including:</p>
<p>Financial Management Software System (FMSS)</p>
<p>The FMSS module of EDCAPS is the Department"s official general ledger.  It is the central piece of the Department's integrated financial management system.  FMSS includes functionality for budget planning and execution, funds control, receipt management, administrative payment management, loan servicing, and internal and external reporting.  FMSS interfaces with a variety of other EDCAPS systems such as the Grants Management System (G5), Contracts and Purchasing Support System (CPSS), and eTRAVEL.  The Travel Management System (TMS) is covered under an existing General Services Administration (GSA) Governmentwide system of records notice entitled "Contracted Travel Services Program" (GSA/GOVT-4).</p>
<p>Grants Management System (G5)</p>
<p>The purpose of G5 is to administer grants and cooperative agreements and record decisions related to grants, from planning through closeout, including disbursing funds to grant recipients for most Department programs and recording non-financial administrative actions involving grants under those programs.  G5 records individual payments in real time, and summary payment data is posted to FMSS in a nightly batching process.  Payment information is retrievable in G5 by DUNS number as required under Office of Management and Budget (OMB) guidance to agencies.  The name, mailing address, and other characteristic data related to Federal grants or institutional loans are also maintained.   </p>
<p>Contract and Purchasing Support System (CPSS)</p>
<p>CPSS supports the contract pre- and post-award process and purchasing.  It interfaces with FMSS at the detail level for fund control, general ledger, accounts payable, and accounts receivable.  A commercial software package is used to provide CPSS functionality.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>The Department of Education 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 requirements of the</p>
<p>Privacy Act, under a computer matching agreement.</p>
<p>(1)  Litigation or Alternative Dispute Resolution (ADR) Disclosure.</p>
<p>(a)  In the event that one of the parties listed below is involved in litigation or ADR proceedings, 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:</p>
<p>(i)  The Department or any component of the Department;</p>
<p>(ii)  Any employee of the Department in his or her official capacity;</p>
<p>(iii)  Any employee of the Department in his or her individual capacity where the Department of Justice (DOJ) has agreed to or has been requested to represent the employee; </p>
<p>(iv)  Any employee of the Department in his or her individual capacity where the Department has agreed to represent the employee; or</p>
<p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
<p>(b)  Disclosure to the Department of Justice (DOJ).  If the Department determines that disclosure of certain records to DOJ is relevant and necessary to judicial or administrative litigation or ADR and is compatible with the purposes for which the records were collected, the Department may disclose those records as a routine use to DOJ.</p>
<p>(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 an individual or entity designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and necessary to judicial or administrative litigation or ADR, and is compatible with the purposes for which the records were collected, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.</p>
<p>(d)  Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to judicial or administrative litigation or ADR, and is compatible with the purposes for which the records were collected, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
<p>(2)  Disclosure to OMB for Credit Reform Act (CRA) Purposes.  The Department may disclose individually identifiable information maintained in this system of records to OMB as needed to fulfill CRA requirements.</p>
<p>(3)  Employee Grievance, Complaint, or Conduct Disclosure.  The Department may disclose records 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 present or former employee of the Department:  a grievance, a complaint, or a disciplinary or competency determination proceeding of another agency of the Federal government.</p>
<p>(4)  Labor Organization Disclosure.  Records under this routine use may be disclosed 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.</p>
<p>(5)  Research Disclosure.  Where an appropriate official of the Department determines that an individual or organization is qualified to carry out specific research related to the functions or purposes of this system of records, that official may disclose information from this system of records to that researcher solely for the purpose of carrying out the research related to the functions or purposes of this system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect to these records. </p>
<p>(6)  Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  In the event the Department deems it desirable or necessary, in determining whether the FOIA or the Privacy Act requires the disclosure of records, disclosure may be made to DOJ or OMB for the purpose of obtaining advice.</p>
<p>(7)  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 as a routine use to those employees.  Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system. </p>
<p>(8)  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 relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether foreign, Federal, State, tribal, or local, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or executive order or rule, regulation, or order issued pursuant thereto.</p>
<p>(9)  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.</p>
<p>(10)  Payment Disclosure.  The Department may disclose records to the U.S. Department of the Treasury or the Federal Reserve Bank as necessary to facilitate payments to Departmental payees against the Department"s funds or to prevent improper payments.</p>
<p>(11)  Payroll Disclosure.  The Department may disclose records to the U.S. Department of the Interior for employee payroll preparation.</p>
<p>(12)  Disclosure for Receivables Management.  The Department may disclose records to credit agencies and Federal agencies to verify the identity and location of the debtor.  The Department may also make disclosures to credit agencies, educational and financial institutions, and various Federal, State, or local agencies to enforce the terms of a loan where disclosure is required by Federal law.  Finally, the Department may also make disclosures of records under this routine use to the U.S. Department of the Treasury and other Federal agencies for debt servicing and collection. </p>
<p>(13)  Disclosure in the Course of Responding to Breach of Data.  The Department may disclose records to appropriate agencies, entities, and persons when (a) it is suspected or confirmed that the security or confidentiality of information in EDCAPS has been compromised; (b) the Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of EDCAPS or other systems or programs (whether maintained by the Department or by another agency or entity) that rely upon the compromised information; and (c) the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist the Department in responding to the suspected or confirmed compromise and in preventing, minimizing, or remedying such harm.</p>
<p>Disclosure to consumer reporting agencies:</p>
<p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose to a consumer reporting agency information regarding a claim by the Department which is determined to be valid and overdue as follows:  (1) The name, address, TIN, 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).  </p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>Records are maintained on hard copy, magnetic tapes, and computer servers.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are indexed by name, or other individual identifier, and TIN.  The records are retrieved by a manual or computer search by indices.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>All physical access to the sites of the Department and the Department"s contractor, where this system of records is maintained, are controlled and monitored by security personnel.  Direct access to the computer system employed by the Department is restricted to authorized Department staff performing official duties.  Authorized staff members are assigned passwords that must be used for access to computerized data.  Also, an additional password is necessary to gain access to the system.  The system-access password is changed frequently.  The Department"s information system"s security posture has been certified and accredited in accordance with applicable Federal standards.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records in EDCAPS are retained in accordance with Department of Education Records Disposition Schedule ED 254 (N1-441-11-001).</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>The EDCAPS manager is the Director, Financial Systems Services, Office of the Chief Information Officer, U.S. Department of Education, 550 12th St., SW., Washington, DC 20202-1100.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>If an individual wishes to determine whether a record pertaining to the individual is in the system of records, he or she should contact the appropriate system manager.  Requests by an individual for notification must meet the requirements in the regulations in 34 CFR 5b.5.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>If an individual wishes to gain access to a record in this system, he or she should contact the appropriate system manager and provide information as described in the notification procedure.  Requests by an individual for access to a record must meet the requirements in the regulations in 34 CFR 5b.5.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If an individual wishes to change the content of a record pertaining to the individual that is contained in the system of records, he or she should contact the appropriate system manager with the information described in the notification procedure, identify the specific items requested to be changed, and provide a justification for such change.  A request to amend a record must meet the requirements in the regulations in 34 CFR 5b.7.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system is obtained from electronic or paper versions of applications seeking Department contracts, grants, or loans at the time of application.  Information is also obtained from Department program offices, employees, consultants, Federal, State, and local government agencies, and other entities performing services for the Department.</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p> None.
</p></xhtmlContent></subsection></section>
    <section id="ed18-03-06" toc="yes">
        <systemNumber>18-03-06</systemNumber>
        <subsection type="systemName">
            Emergency Notification System (ENS).
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>U.S. Department of Education, Office of Security, Facilities and Logistics, Office of Finance and Operations, 400 Maryland Avenue, SW, Washington, DC 20202–6110.</p>
                <p>BlackBerry, 2988 Campus Drive, Suite 200, San Mateo, CA 94403. Blackberry hosts the infrastructure that supports the ENS applications, as a Software-as-a-Service, including backend application processing and data hosting.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Lisa Senecal, Information System Owner, Office of Security, Facilities and Logistics, Office of Finance and Operations, U.S. Department of Education, 400 Maryland Avenue, SW, Room 224-50, Washington, DC 20202–6110.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> Presidential Policy Directive 40, National Continuity Policy (July 15, 2016), Federal Continuity Directive 1, Federal Executive Branch National Continuity Program and Requirements (January 17, 2017), and Executive Order 13618 (July 6, 2012), as amended by Executive Order 13961 (December 7, 2020).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The purposes of the ENS are to store and maintain emergency contact information for current Department employees:</p>
                <p>(1) To maintain and implement emergency plans, including Continuity of Operations and facility evacuation plans; and</p>
                <p>(2) To notify, locate, and mobilize individuals as necessary during emergency or other threatening situations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Current Department employees. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The categories of records in the system are comprised of the primary contact information for current Department employees, such as their first name, last name, business phone number, business email address, and business location, and, where provided by current Department employees on a voluntarily basis, their alternate contact information, such as their personal email address and personal phone number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Current Department employees, and the Department Active Directory System.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 (Privacy Act) (5 U.S.C. 552a), under a computer matching agreement.</p>
                (1)	<p>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 and on behalf of the individual.  The member's right to the information is no greater than the right of the individual who requested it.</p>
                <p>(2) Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records to the appropriate agency, whether 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.</p>
                <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                (a)	<p>Introduction.  In the event that one of the following parties listed in sub-paragraphs (i) through (v) of this routine use is involved in judicial or administrative litigation or ADR, or has an interest in judicial or administrative litigation or ADR, the Department may disclose certain records from this system of records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                (i)	<p>The Department or any of its components;</p>
                (ii)	<p>Any Department employee in their official capacity;</p>
                (iii)	<p> Any Department employee in their individual capacity where the U.S. Department of Justice (DOJ) has been requested to or has agreed to provide or arrange for representation of the employee;</p>
                (iv)	<p>Any Department employee in their individual capacity when the Department has agreed to represent the employee; and</p>
                (v)	<p>The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                (b)	<p>Disclosure to DOJ.  If the Department determines that disclosure of certain records to DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to DOJ.</p>
                (c)	<p>Adjudicative Disclosure.  If the Department determines that it is relevant and necessary to judicial or administrative litigation or ADR to disclose certain records from this system of 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.</p>
                (d)	<p>Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(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 (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.</p>
                (5)	<p>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 programs covered by this system.</p>
                <p>(6) Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records in this system to employees of the contractor, the Department may disclose the records to those employees.  As part of such contract, the Department shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                (7)	<p>Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to a grievance, complaint, or disciplinary proceeding involving a present or former employee of the Department, the Department may disclose the record during 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 factfinder, mediator, or other person designated to resolve issues or decide the matter.</p>
                (8)	<p>Labor Organization Disclosure.  The Department may disclose a record 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.</p>
                (9)	<p>Employment, Benefit, and Contracting Disclosure.</p>
                (a)	<p>For Decisions by the Department.  The Department may disclose a record from this system of records to a Federal, State, Tribal, or local agency, or to another public agency or professional organization, maintaining civil, criminal, or other relevant enforcement or other pertinent records, 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.</p>
                (b)	<p>For Decisions by Other Public Agencies and Professional Organizations.  The Department may disclose a record to a Federal, State, Tribal, local, or other public agency 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.</p>
                (10)	<p>Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records from this system of 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.</p>
                (11)	<p>Disclosure in Assisting Another Agency in 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.</p>
                (12)	<p>Disclosure to National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records are stored on an encrypted system within a secured and controlled environment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are retrieved by an employee’s name only for administrative purposes to include associating a Department employee to a specific region or building to receive tailored alerts for their geographic area.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The records in this system of records will be retained and disposed of in accordance with NARA General Records Schedule 5.3, Item 020.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>A vendor that is Federal Risk and Authorization Management Program (FedRAMP) certified hosts the ENS system outside the Department’s network.  The Department access and uses this system as a Software as a Service (SaaS) and requires the vendor to complete routine testing of its environment to ensure the confidentially, integrity, and availability of the information in the system and services provided.  The Cloud Service Provider enforces security controls over the physical facility where the system is hosted in adherence with FedRAMP standards and provides continuous monitoring reports to the Department.</p>
                <p>The ENS system utilizes role-based authentication to ensure only authorized users can access information, and they can only access the information needed to perform their duties.  Authentication to the system is permitted only over secure, encrypted connections.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to records regarding you in this system of records, contact the system manager at the address listed under SYSTEM MANAGER.  You must provide necessary particulars such as your full name, address, and 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 Department’s Privacy Act regulations in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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 under SYSTEM MANAGER.  You must provide your full name, address, and telephone number, and any other identifying information requested by the Department to distinguish between individuals with the same name.  Your request must also identify the particular record within the system that you wish to have changed, state whether you seek an addition to or a deletion or substitution of the record, and explain the reasons why you wish to have the record changed.  Your request must meet the requirements of the Department’s Privacy Act regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists regarding you in this system of records, contact the system manager at the address listed under SYSTEM MANAGER.  You must provide your full name, address, and 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 Department’s Privacy Act regulations in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="ed18-03-07" toc="yes">
        <systemNumber>18-03-07</systemNumber>
        <subsection type="systemName">
            <p>Reasonable Accommodation Program Files (RAPF) (18-03-07).</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of Equal Employment Opportunity Services (OEEOS), U.S. Department of Education (Department), 400 Maryland Avenue SW, Washington, DC 20202.</p>
                <p>Federal Student Aid (FSA), U.S. Department of Education, 830 1st Street NE, Washington, DC 20002.</p>
                <p>Office of Inspector General (OIG), U.S. Department of Education, 550 12th Street SW, Potomac Center Plaza, Washington, DC 20202.</p>
                <p>Clinical Health Services, Federal Occupational Health Program Support Center (FOH), U.S. Department of Health and Human Services (HHS), 7700 Wisconsin Avenue, Suite 7201, Bethesda, MD 20814 (contractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Reasonable Accommodation Program Manager (RAPM), OEEOS, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.</p>
                <p>RAPM, FSA, U.S. Department of Education, 830 1st Street NE, Washington, DC 20002.</p>
                <p>RAPM, OIG, U.S. Department of Education, 550 12th Street SW, Potomac Center Plaza, Washington, DC 20202.</p>
                <p>Occupational Medicine Consultant, Clinical Health Services, FOH, HHS, 7700 Wisconsin Avenue, Suite 7201, Bethesda, MD 20814 (contractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Rehabilitation Act of 1973, as amended (29 U.S.C. 791 et seq.) (Rehabilitation Act); Americans with Disabilities Act of 1990, as amended (ADA) (42 U.S.C. 12101 et seq.); 29 CFR parts 1614, 1630, and 1640; Executive Order 13164 of July 26, 2000; Equal Employment Opportunity Commission’s Policy Guidance on Executive Order 13164:  Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, Directives Transmittal Number 915.003, issued October 20, 2000; title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.) (title VII); and Equal Employment Opportunity Commission’s Compliance Manual on Religious Discrimination, Directives Transmittal Number 915.063, issued January 15, 2021.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>This system of records is maintained for the purposes of:  (1) processing, tracking the processing of, providing, and making decisions about reasonable accommodation requests on the basis of disability and religion under the Rehabilitation Act, ADA, and title VII, as applicable, submitted to the Department by covered individuals, to the extent that maintaining such records is necessary to ensure Department-wide compliance with applicable laws and regulations while preserving and maintaining the confidentiality of information (e.g., medical and religious information) submitted in support of such requests, to the extent required by law; and (2) the Department’s RAPMs and OEEOS staff developing cumulative records, without individual identifiers, to track the Department’s performance concerning the provision of reasonable accommodations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on the following categories of individuals who request a reasonable accommodation from the Department on the basis of a disability or religion under the Rehabilitation Act, ADA, or title VII, as applicable, including individuals who obtain leave under the Family Medical Leave Act of 1993 (FMLA) as a reasonable accommodation:</p>
                <p>(1)Current and former Department employees;</p>
                <p>(2)Applicants for employment at the Department;</p>
                <p>(3)Persons authorized to represent the foregoing covered employees and applicants (e.g., a family member or an attorney who is representing them); and</p>
                <p>(4)The medical providers of the foregoing covered employees and applicants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> This system of records contains the following records pertaining to reasonable accommodation requests on the basis of disability and religion under the Rehabilitation Act, ADA, and title VII, as applicable, made to the Department:</p>
                <p>(1)Requestor’s full name and contact information;</p>
                <p>(2)Requestor’s status vis-à-vis the Department (e.g., employee, employment applicant);</p>
                <p>(3)Date of the request;</p>
                <p>(4)If applicable, the date, time, location, and/or description or title of the event, meeting, program, or activity conducted by the Department for which the request is made;</p>
                <p>(5)If applicable, the job or jobs (i.e., occupational series, grade level, program office, and/or position description) for which the request is made;</p>
                <p>(6)Information concerning the nature of the disability or religious belief and the need for a reasonable accommodation;</p>
                <p>(7)Amount of time taken to process the request;</p>
                <p>(8)Whether the request was granted, denied, or partially granted and denied, the identity of the deciding official, and the reason(s) for any denial or partial denial;</p>
                <p>(9)Information about whether providing the requested accommodation would present an undue hardship for the Department; and</p>
                <p> (10)Sources of technical assistance consulted in identifying a reasonable accommodation, including interim or alternative accommodations.</p>
                <p>Information concerning the nature of the disability or religious belief and the need for the requested reasonable accommodation includes:</p>
                <p>(1)Documentation submitted to the Department by the requestor or the requestor’s representative in support of their reasonable accommodation request;</p>
                <p>(2)Type(s) and description(s) of the accommodation(s) requested;</p>
                <p>(3)Cost(s) and expense(s) associated with the requested accommodation; and</p>
                <p>(4)How the requested reasonable accommodation would assist in a requesting employee’s or applicant’s performance of their essential job duties; otherwise eliminate a barrier to equal employment opportunity caused by the disability or religious belief; and/or enable participation in a meeting, event, program, or activity conducted by the Department.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system is provided by covered individuals, including current and former Department employees; applicants for employment at the Department; covered employees’ and applicants’ authorized representatives (e.g., a family member or an attorney who is representing them); and the covered employees’ and applicants’ medical providers.  Information in this system also may be obtained from other persons or entities from whom or from which data is obtained under routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose individually identifiable 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 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) (5 U.S.C. 552a), under a computer matching agreement (CMA).  However, any disclosure made by the Department of information from these records must also comply with any confidentiality provision that is contained in any other applicable Federal law, which may include section 501 of the Rehabilitation Act (section 501), the ADA, or title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C. 2000ff et seq., and 29 CFR 1635.9.  Section 501 prohibits the Department from discriminating against qualified applicants or employees on the basis of disability and further restricts how the Department must collect and maintain information about the medical condition or history of applicants and employees.  Section 501 requires the Department to maintain such information on separate forms and in separate medical files, to treat it as a confidential medical record, and to disclose it only in very limited circumstances that do not include all of the routine uses listed below.  29 CFR 1630.14(b)(1), (c)(1), and (d)(1).  See also 29 U.S.C. 791(f) (in part applying the standards under title I of the Americans with Disabilities Act of 1990 to section 501).  GINA prohibits the Department from discriminating on the basis of genetic information in its employment decisions, requires that genetic information about applicants, current employees, and former employees be maintained on separate forms and in separate medical files, treated as confidential medical records, and disclosed only in very limited circumstances that do not include all of the routine uses listed below.  The disclosure by the Department of any information that is protected by the confidentiality provision of another Federal law, such as section 501 or the GINA, may only be made where the disclosure would be permissible under both the Privacy Act and the confidentiality provision of such other Federal law.</p>
                <p>(1)  Congressional Member Disclosure.  The Department may disclose the records of an individual to a member of Congress and to their staff from the records of an individual in response to an inquiry from the member made at the written request of and on behalf of that individual. The member’s right to the information is no greater than the right of the individual who requested the inquiry.</p>
                <p>(2)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(a)  Introduction.  In the event that one of the parties listed below is involved in judicial or administrative litigation or ADR, or has an interest in such 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:</p>
                <p>(i)  The Department or any of its components;</p>
                <p>(ii)  Any Department employee in their official capacity;</p>
                <p>(iii)  Any Department employee in their individual capacity if the U.S. Department of Justice (DOJ) has been requested to or agrees to provide or arrange for representation for the employee;</p>
                <p>(iv)  Any Department employee in their individual capacity where the Department has agreed to represent the employee; or</p>
                <p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(b)  Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the DOJ.</p>
                <p>(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 judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.</p>
                <p>(d)  Disclosure to Parties, Counsel, Representatives, or Witnesses.  If the Department determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to a party, counsel, representative, or witness to the judicial or administrative litigation or ADR.</p>
                <p>(3)  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 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.</p>
                <p>(4) 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 or entity designated to resolve issues or decide the matter.</p>
                <p>(5)  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.</p>
                <p>(6)  Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or the Office of Management and Budget if the Department seeks advice regarding whether records maintained in this system of records are required to be disclosed under the FOIA or the Privacy Act.</p>
                <p>(7)  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 the employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(8)  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.</p>
                <p>(9)  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.</p>
                <p>(10)  Investigative Disclosure.  The Department may make disclosures to officials of the Merit Systems Protection Board (MSPB), the Office of the Special Counsel (OSC), and the Equal Employment Opportunity Commission (EEOC) in connection with investigations of alleged or possible discriminatory practices in the Federal Sector, examination of Federal affirmative employment programs, or compliance by Federal agencies with functions vested in the MSPB, OSC, or EEOC.</p>
                <p>(11)  Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are in hard copy (i.e., paper) and digital or other electronic form.  Digital and other electronic images are stored on a storage area network on an encrypted server within a secured and controlled environment.  Records, whether paper or electronic, may be stored in a separate, secure location at the Department’s headquarters or at the program office level.</p>
                <p>If a Department employee requests a reasonable accommodation for a disability, then medical documentation supporting their reasonable accommodation request is kept in a confidential file, separate and apart from the requesting employee’s Official Personnel Folder and the employee performance file.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are retrieved by the reasonable accommodation requestor’s name, reasonable accommodation request date, description or type of reasonable accommodation requested, the Department program office’s name, and/or date or title of the meeting, event, program, or activity conducted by the Department for which a reasonable accommodation was requested.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are retained and disposed of in accordance with General Records Schedule (GRS) 2.3, Item 010 (DAA-GRS-2018-0002-0001) and Item 020 (DAA-GRS-2018-0002-0002).  GRS 2.3, Item 010, requires destruction of records when three (3) years old, with longer retention authorized if records are required for business use.  GRS 2.3, Item 020, requires destruction of records three (3) years after a Department employee separates from the Department or all appeals of a reasonable accommodation decision have been concluded, whichever occurs later, with longer retention authorized if records are required for business use.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All physical access to the Department’s sites, and the site of the Department’s contractor, where this system of records is also maintained, is controlled and monitored by security personnel who check each individual entering the building for the individual’s employee or visitor badge.  The computer systems employed by the Department offer a high degree of resistance to tampering and circumvention.  These security systems limit data access to Department and contract staff on a "need to know" basis and control individual users’ ability to access and alter records within the system.  Direct access to this system of records is limited to Reasonable Accommodation Program staff or Department employees who have a need to know the data for the performance of their official duties, and who have appropriate clearances and permissions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record regarding you in this system of records, contact the system manager at the address listed above.  You must provide the system manager with the necessary particulars such as your full, legal name, date of birth, work address, and any other identifying information requested by the Department while processing the request in order to distinguish between individuals with the same name.  Requesters must also specify, among other things, the records sought.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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.  You must provide your full, legal name, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  You must also specify, among other things, the particular records being contested.  Your request must meet the requirements of the regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>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 the system manager with the necessary particulars such as your full, legal name, date of birth, work address, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>The system of records notice entitled the "Reasonable Accommodation Program Files" (RAPF) (18-03-07) was last published in full in the Federal Register on June 17, 2022 (87 FR 36477).</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="ed18-04-05" toc="yes">
        <systemNumber>18-04-05</systemNumber>
        <subsection type="systemName">
            Department of Education Cybersecurity Excellence Award (18-04-05)
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
              <p>Unclassified.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Information Assurance Services, Office of the Chief Information Officer, U.S. Department of Education, 550 12th Street, SW, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Chief Information Security Officer, Information Assurance Services, Office of the Chief Information Office, U.S. Department of Education, 550 12th Street, SW, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Executive Order 13870 of May 2, 2019, entitled, "America’s Cybersecurity Workforce," as published in the Federal Register at 84 FR 20523 (May 9, 2019) (Executive Order 13870).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The records maintained in this system will be used to (1) review and evaluate applications and nominations of individual candidates and teams including, but not limited to, assessing individual candidate and team eligibility in order to select one individual candidate or team of individuals to whom the Department will present, on an annual basis, the Department of Education Cybersecurity Excellence Award, and two individual candidates or teams of individuals to whom the Department will present, on an annual basis, honorable mentions; (2) develop and implement the Department of Education Cybersecurity Excellence Award program’s annual recognition component; and, (3) carry out the responsibilities set forth in section 2(d) of Executive Order 13870.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on employees and contractors of the Department who apply for or are nominated for the Department of Education Cybersecurity Excellence Award.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>This system consists of records about each applicant or nominee, including those who are part of a team that applies or is nominated, for the Department of Education Cybersecurity Excellence Award including, but not limited to, their:  (1) name; (2) organization and/or branch name; (3) job title; (4) narrative statement of accomplishments in cybersecurity innovations, team (stakeholder) collaboration, tool implementation, process development, cybersecurity training, and cybersecurity market research and product solutions; and, (5) work address, work email address, and work contact number. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system is obtained from Department employees and contractors who apply or are nominated, individually or as part of a group (team), by their Department peers or Department leadership for the Department of Education Cybersecurity Excellence Award.  Information also may be obtained from other persons or entities from which data is obtained under the routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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(s) 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 (Privacy Act), under a computer matching agreement.</p>
                <p>(1) Programmatic Purposes.  The Department may disclose information from this system of records as part of the Department’s review and evaluation of candidate applications and nominations, and in order to promote the selection and recognition of recipients of the Department of Education Cybersecurity Excellence Award and honorable mentions, along with the visibility of the award program itself, to the following entities for the purposes specified:</p>
                <p>(a) Disclosures to the General Public Announcing each Awardee and Honorable Mention Recipient.  The Department may disclose to the general public, via the Department’s website, the name and accomplishments of each awardee and honorable mention recipient.</p>
                <p>(b) Disclosures to Individuals and Entities Assisting the Department in Arranging Awardee and Honorable Mention Recipient Accommodations, Transportation, and Other Services.  The Department may provide information from this system of records to individuals and entities, such as vendors, in preparation for and in connection with the awards ceremony held, annually, by the Department in Washington, DC, and related educational and celebratory activities.</p>
                <p>(c) Disclosures to the White House and Federal Agencies for Briefings, Speechwriting, or to Obtain Security Clearances.  The Department may disclose awardee and honorable mention recipient information from this system of records to the White House and Federal agencies for any speechwriting and briefings for officials addressing the awardees, honorable mention recipients, or guests at recognition events, or to permit awardees and honorable mention recipients to obtain security clearances to attend such events or to gain entry into buildings with limited access, as appropriate.  </p>
                <p>(2) Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records 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.</p>
                <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(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 certain records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i) The Department, or any component of the Department;</p>
                <p>(ii) Any Department employee in his or her official capacity;</p>
                <p>(iii) Any Department employee in his or her individual capacity if the Department of Justice (DOJ) has agreed or has been requested to provide or arrange for representation for the employee;</p>
                <p>(iv) Any Department employee in his or her individual capacity if the agency has agreed to represent the employee; or</p>
                <p>(v) The United States if the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(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.</p>
                <p>(c) Adjudicative Disclosures.  If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body, whether judicial or administrative, 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.</p>
                <p>(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(4) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records from this system of records to the DOJ or 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.</p>
                <p>(5) Disclosure to the DOJ.  The Department may disclose records from this system of 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 Department of Education Cybersecurity Excellence Award.</p>
                <p>(6) 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 shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(7) Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher shall be required to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(8) Congressional Member Disclosure.  The Department may disclose information from the record of an individual to a member of Congress and to his or her staff in response to an inquiry from the member (or from the member’s staff) made at the written request of that individual.  The member's right to access the information is no greater than the right of the individual who made the written request to such member.</p>
                <p>(9) Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records from this system of 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 the Department's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(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.</p>
             
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The records are maintained on an access-controlled electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>The records are retrieved by the applicant’s or nominee’s name and year of application or nomination, as applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All physical access to the Department site where this system of records is maintained and the sites of the Department’s staff and contractors with access to the system is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge.</p>
                <p>The computer systems employed by the Department and its contractors offer a high degree of security against tampering and circumvention.  These security systems limit data access to Department and contract personnel on a "need to know" basis and control individual users’ ability to access and alter records within the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record regarding you in the system of records, contact the system manager at the address listed above.  You must provide necessary particulars, such as your name 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 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  You must provide necessary particulars, such as your name 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 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>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.  You must provide necessary particulars, such as your name 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 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="ed18-04-05" toc="yes">
        <systemNumber>18-04-05</systemNumber>
        <subsection type="systemName">
            <p>Education Enterprise Identity, Credential, and Access Management (ED ICAM) System (18-04-05).</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Controlled Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of the Chief Information Officer, Information Assurance, U.S. Department of Education, 550 12th Street, SW, Washington, D.C. 20202.</p>
                <p>Oracle Corporation, 1501 4th Avenue, Suite #1800/Century Square Building, Seattle, WA 98101 (provides the infrastructure on which the ED ICAM System runs).</p>
                <p>IBM SmartCloud for Government, 6300 Diagonal HWY, B001, 1st floor, Boulder, CO  80301-3292 (provides the infrastructure on which the ED ICAM System runs).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Branch Chief, Office of the Chief Information Officer, U.S. Department of Education, 550 12th Street, SW, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Federal Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.; Homeland Security Presidential Directive 12:  Policy for a Common Identification Standard for Federal Employees and Contractors (Aug. 2015); Federal Information Processing Standards (FIPS) 201–2, Personal Identity Verification (PIV) of Federal Employees and Contractors (Aug. 2013); Office of Management and Budget (OMB) Circular A–130, Managing Information as a Strategic Resource (July 2016); OMB Memorandum 10–28, Clarifying Cybersecurity Responsibilities and Activities of the Executive Office of the President and the Department of Homeland Security (July 6, 2010); OMB Memorandum 14–03, Enhancing the Security of Federal Information and Information Systems (Nov. 18, 2013); and OMB Memorandum 19–17, Enabling Mission Delivery through Improved Identity, Credential, and Access Management (May 21, 2019).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The records maintained in this system establish a central and authoritative identity management data repository for the Department’s enterprise identities.  The system of records is maintained to provide authorized individuals with access to, or to interact with, the Department’s information technology resources.  The system will be utilized to support identity management data activities including, but not limited to:</p>
                <p>(1) the management and governance of digital identity lifecycle activities;</p>
                <p>(2) the full auditing of all digital identities; and,</p>
                <p>(3) the management of application and system access.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on Department employees and contractors who apply for, and were granted access to, the Department’s information technology resources.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>This system of records contains records for employees and contractors related to digital identity, credential, access management, and identity governance including, but not limited to:  name; unique numerical/alphanumerical identification numbers; work address; date of birth (DOB); country of citizenship; credential information; contact information; organizational data; identity investigation and summary adjudication information; verification of training requirements or other prerequisite requirements for access to Department information technology resources; and system access data such as account data, roles, privileges, and entitlements.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system is obtained from official Department information technology systems and is fed into the system of records from the following source systems:  the Department’s system of records entitled "Investigatory Material Compiled for Personnel Security, Suitability, Positive Identification Verification and Access Control for the Department of Education Security Tracking and Reporting System (EDSTAR)," (18-05-17), which was last published in full in the Federal Register  at 72 FR 66158 (Nov. 27, 2007); and the General Services Administration’s system of records entitled "HSPD-12 USAccess," (GSA/GOVT–7), which was last published in full in the Federal Register at 80 FR 64416 (Oct. 23, 2015).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose individually identifiable 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(s) 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 (Privacy Act), under a computer matching agreement.</p>
                <p>(1) Congressional Member Disclosure.  The Department may disclose information to a member of Congress and to his or her staff from the records 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 the inquiry.</p>
                <p>(2) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(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 certain records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i) The Department or any of its components;</p>
                <p>(ii) Any Department employee in his or her official capacity;</p>
                <p>(iii) Any Department employee in his or her individual capacity if the U.S. Department of Justice (DOJ) agrees to or has been requested to provide or arrange for representation for the employee;</p>
                <p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to represent the employee; or</p>
                <p>(v) The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(b) Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to DOJ.</p>
                <p>(c) Adjudicative Disclosure.  If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear, to a person or entity designated by the Department or otherwise empowered to resolve or mediate disputes, is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, person, or entity.</p>
                <p>(d) Disclosure to Parties, Counsel, Representatives, or Witnesses.  If the Department determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(3) Enforcement Disclosure.  If information in this system of records, 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 such violation or potential violation.</p>
                <p>  (4) Employment, Benefit, and Contracting Disclosure.</p>
                <p>(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.</p>
                <p>(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 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.</p>
                <p>(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.</p>
                <p>(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.</p>
                <p>(7) Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to DOJ or OMB 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.</p>
                <p>(8) 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 the employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(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 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.</p>
                <p>(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 (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.</p>
                <p>(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 (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.</p>
                <p>(12) Disclosure in the Course of Responding to a Security Incident.  The Department may disclose records to appropriate governmental agencies, entities, and persons when (a) the Department suspects or has confirmed that there has been a security incident involving the system of records; (b) the Department has determined that as a result of the suspected or confirmed security incident, 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 governmental agencies, entities, and persons is necessary to assist in connection with the Department’s efforts to respond to such suspected or confirmed security incident or to prevent, minimize, or remedy such harm.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records are stored on an encrypted server within a secured and controlled environment.  There are no hardcopy records that require additional storage.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are retrieved by a combination of name and other unique personal identifiers.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are retained and disposed of in accordance with General Records Schedule (GRS) 3.2, Item 030 (DAA-GRS-2013-0006-0003) and Item 031 (DAA-GRS-2013-0006-0004).  GRS 3.2, Item 030, requires destruction of records when business use ceases; and, GRS 3.2, Item 031, requires destruction of records 6 years after password is altered or user account is terminated, but longer retention is authorized if required for business use.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All physical access to the Department site, and the sites of Department contractors 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 systems employed by the Department offer a high degree of resistance to tampering and circumvention.  These security systems limit data access to Department and contract staff on a "need to know" basis and control 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record regarding you in this system of records, contact the system manager at the address listed above.  You must provide the system manager with the necessary particulars such as your full, legal name, date of birth, work address, country of citizenship, and any other identifying information requested by the Department while processing the request in order to distinguish between individuals with the same name.  Requesters must 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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.  You must provide your full, legal name, and any other identifying information requested by the Department while processing the request in order to distinguish between individuals with the same name.  You must also specify the information to be contested.  Your request must meet the requirements of the regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>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 full, legal name, date of birth, work address, country of citizenship, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>



    <section id="ed18-05-01" toc="yes">
<systemNumber>18-05-01</systemNumber>
    <subsection type="systemName">
        Parking Application Tracking System (PATS)(18-05-01).
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
            </xhtmlContent>
            </subsection>
            <subsection type="systemLocation">
                <xhtmlContent>
                    <p>Logistics Services Division, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="systemManager">
                <xhtmlContent>
                    <p>Director, Logistics Services Division, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="authorityForMaintenance">
                <xhtmlContent>
                    <p> 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).</p>
                </xhtmlContent>
            </subsection>
            <subsection type="purpose">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="categoriesOfIndividuals">
                <xhtmlContent>
                    <p>All Department employees and non-Department carpool members utilizing parking facilities.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="categoriesOfRecords">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="recordSourceCategories">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="routineUsesOfRecords">
                <xhtmlContent>
                    <p>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.</p>
                    <p>(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.</p>
                    <p>(2) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                    <p>(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:</p>
                    <p>(i)  The Department or any of its components.</p>
                    <p>(ii)  Any Department employee in his or her official capacity.</p>
                    <p>(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.</p>
                    <p>(iv)  Any Department employee in his or her individual capacity where the Department has agreed to represent the employee.</p>
                    <p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>  (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 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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                    <p>(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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="policiesAndPractices">
                <xhtmlContent>
                    <p>Records are stored electronically, and the signage sheets are produced and kept in binders in file cabinets.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retrievability">
                <xhtmlContent>
                    <p>Records are retrieved by parking facility, parking criteria, and participant’s name.  Binders are stored alphabetically by parking facility.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retentionAndDisposal">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="safeguards">
                <xhtmlContent>
                    <p>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.</p>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="recordAccessProcedures">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="contestingRecordProcedures">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="notificationProcedure">
                <xhtmlContent>
                    <p>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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="exemptionsClaimed">
                <xhtmlContent>
                    <p>None.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="history">
                <xhtmlContent>
                    <p>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).</p>
                </xhtmlContent></subsection></section>
<section id="ed18-05-02" toc="yes">
<systemNumber>18-05-02</systemNumber>
<subsection type="systemName">Family Educational Rights and Privacy Act (FERPA) and  the Protection of Pupil Rights
Amendment (PPRA) Record Systems.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Family Policy Compliance Office, Office of Management, U.S. Department of Education, Room
2W100, Washington, DC  20202-4506.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have made inquiries or who have filed complaints alleging violations of
provisions in FERPA and PPRA; and those who have commented to the Department on its proposed rules
and practices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of correspondence alleging violations of FERPA and PPRA as well as
comments submitted to the Department on its proposed rules and practices.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and Protection of Pupil Rights
Amendment (20 U.S.C. 1232h).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information contained in this system is used to resolve disputes regarding violations of
FERPA and PPRA.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Member of Congress 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.
</p><p>(2) Educational Agency or Institution. The Department may disclosure records from this system of
records to an educational agency or institution against which a complaint has been made.
</p><p>(3) State Educational Agency. The Department may disclose records to a State educational agency
relative to an educational agency or institution in that State against which a complaint has been
filed.
</p><p>(4) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(5) Disclosure to the Department of Justice (DOJ). The Department may disclose records to the DOJ
to the extent necessary for obtaining DOJ advice on any matter relevant to FERPA or PPRA
investigations or other enforcement responsibilities under FERPA or PPRA;
</p><p>(6) 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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(7) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8) 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.
</p><p>(9) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in hard-copy form filed in standard lockable file cabinets, or on
electronic files in which case document disks are kept in lockable file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed under the names of institutions against which individuals are alleging
violations of FERPA.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access is restricted to FPCO staff; main files are left in locked file cabinets when
not in use.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Inquiry records are maintained a minimum of three years; complaint and investigative records
are maintained a minimum of five years after the case is closed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Family Policy Compliance Office, U.S. Department of Education, 400 Maryland
Avenue, SW., Room 2W100, Washington, DC  20202-4056.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
system manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system is obtained from incoming correspondence, responses and
material obtained during the course of any investigation.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-03" toc="yes">
<systemNumber>18-05-03</systemNumber>
<subsection type="systemName">Federal Personnel Payroll System
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Department of Interior, Bureau of Reclamation, Management Operations Center, Division of
Payroll Operations, 7333 West Jefferson Ave., Academy Place 1, Denver, CO 80235
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on all employees of U.S. Department of Education, the National
Commission of Library and Learning and the National Goals Panel.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of a variety of records relating to pay and leave determinations made
about each employee of the Department of Education, the National Commission of Library and Learning
and the National Goals Panel, including the name of the employee, the employee's date of birth,
social security number, home address, grade, employing organization, timekeeper number, salary,
Civil Service retirement fund contributions, pay plan, number of hours worked, annual and sick leave
accrual rate and usage, annual and sick leave balance, FICA withholdings, Federal, state, and local
tax withholdings, Federal Employees Government Life Insurance withholdings, garnishment documents,
savings allotments, union and management association dues withholding, savings bonds allotments, and
Combined Federal Campaign allotments.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 5101, et seq; 31 U.S.C. 3512; 20 U.S.C. 3461.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system are maintained in order to facilitate fiscal operations for
payroll, attendance, leave, insurance, tax, retirement and cost accounting programs; and to prepare
related reports to other Federal agencies including the Department of the Treasury and the Office of
Personnel Management.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4) Employment, Benefit, and Contracting Disclosure.
</p><p>(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 an 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.
</p><p>(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.
</p><p>(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 present or former employee of the Department: Complaint,
grievance, discipline or competence determination proceedings. The disclosure may only be made
during the course of the proceeding.
</p><p>(6) Labor Organization Disclosure. A component of the Department may disclose records to a labor
organization if a contract between the component and a labor organization recognized under Title V
of the United States Code, Chapter 71, provides that the Department will disclose personal records
relevant to the organization's mission. The disclosures will be made only as authorized by law.
</p><p>(7) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8) Disclosure to the Department of Justice (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.
</p><p>(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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12) Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA) Support.
The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>(13) Payroll Disclosure. The Department may disclose records to the Department of the Treasury
for preparation of payroll checks, payroll deductions, U.S. Saving bonds, and other checks to
Federal, State, and local government agencies, non-governmental organizations and individuals.
</p><p>(14) Tax Disclosure. The Department may disclose records to the Internal Revenue Service and to
state and local government agencies having taxing authority in order to prepare W-2 Forms.
</p><p>(15) Personnel Management Disclosure. The Department may disclose records to the Office of
Personnel Management, Merit Systems Protection Board, Equal Employment Opportunity Commission, and
the Federal Labor Relations Authority (including the General Counsel of the Authority and Federal
Service Impasses Panel) to carry out their functions.
</p><p>(16) Workers' Compensation Disclosure. The Department may disclose records to the Department of
Labor to make a compensation determination in connection with a claim filed by an employee for
compensation on account of a job-connected injury or disease.
</p><p>(17) Wage Garnishment Disclosure. The Department may disclose records to the IRS in order to
respond to orders from IRS for garnishment of an employee's pay for Federal income tax purposes.
</p><p>(18) Unemployment Compensation Disclosure. The Department may disclose records to state offices
of unemployment compensation in connection with claims filed by former Department employees for
unemployment compensation.
</p><p>(19) Association Dues Disclosure. The Department may disclose records to financial organizations
designated to receive labor organization or management association dues withheld from an employee's
pay, in order to account for the amounts of the withheld dues which they receive.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may disclose to a consumer
reporting agency information regarding a claim by the Department which is determined to be valid and
overdue as follows: (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 subsection 31 U.S.C. 3711(e). A consumer reporting agency to which these
disclosures may be made is defined at 31 U.S.C. 3701(a)(3).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on electronic media and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the employee's name and Social Security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of these records are limited to personnel whose official duties require
such access. Personnel screening is employed to prevent unauthorized disclosure. All physical access
to the Department's sites, and the sites of Department contractors where this system of records is
maintained, is controlled and monitored by security personnel who check each individual entering the
building for an employee or visitor badge.
</p><p>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 user defined password.
All interactions by individual users with the system are recorded.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records submitted by the individual, such as allotment authorization forms, home address
forms, and tax withholding forms are retained until superseded by new updated transactions whether
electronically or paper, or until the individual leaves the Department. Some of these records must
be retained for an additional period, or forwarded to the new employing agency. Records are retired
to the Federal Personnel Records Center and subsequently disposed of in accordance with the General
Records Schedules issued by the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Human Resources Systems, Human Resources Group, Office of Management, Department
of Education, 400 Maryland Ave., SW, Room 2E108, Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the executive officer in your office. Your request must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
executive officer in your office. Your request must meet the requirements of the Department's
Privacy Act regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the executive officer in your office. Your request must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from individual employees, timekeepers and
supervisors.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-04" toc="yes">
<systemNumber>18-05-04</systemNumber>
<subsection type="systemName">Discrimination Complaints Records System.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Deletion: The Department’s system of records entitled "Discrimination Complaints Records System" (18-05-04), 64 FR 30106, 30124 (June 4, 1999), is to be deleted because it is duplicative of the government-wide system of records entitled "Equal Employment Opportunity in the Federal Government Complaint and Appeal Records" (EEOC/GOVT-1).
</p></xhtmlContent></subsection>
</section>
<section id="ed18-05-05" toc="yes">
<systemNumber>18-05-05</systemNumber>
<subsection type="systemName">Grievances Filed Formally Under the Administrative Grievance Procedure.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Human Resources Group, Office of Management, U.S. Department of Education, 400 Maryland
Avenue, SW., Washington, DC  20202.  See the Appendix at the end of this system notice for
additional locations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on non-bargaining unit employees of the Department regardless
of type of appointment, who individually or as a group, request personal relief in a matter of
concern or dissatisfaction which is subject to the control of Department management.  This includes
former employees of the Department for whom a remedy can be provided as well as applicants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information or documents relating to the grievance and personal relief sought, materials
used in consideration of the grievance, and correspondence related to disposition of the grievance,
including but not limited to the formal grievance, fact finder's report, final decision, and all
other related documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1302.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is to consider and settle matters of
dissatisfaction or concern of covered individuals.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(2)  Enforcement Disclosure.  In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4)  Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(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 present or former employee of the Department:
Complaint, grievance, discipline or competence determination proceedings.  The disclosure may only
be made during the course of the proceeding.
</p><p>(6)  Labor Organization Disclosure.  A component of the Department may disclose records to a
labor organization if a contract between the component and a labor organization recognized under
Title V of the United States Code, Chapter 71, provides that the Department will disclose personal
records relevant to the organization's mission.  The disclosures will be made only as authorized by
law.
</p><p>(7)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8)  Disclosure to the Department of Justice (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.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records.  The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12)  Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA)
Support.  The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy stored in file folders, on computers and in handwritten
logs for Human Resources.  Summary data of records are also maintained in a computerized tracking
system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed alphabetically by organization and year.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of these records are limited to those persons with a "need-to-know"  and
whose official duties require such access.  Personnel screening is employed to prevent unauthorized
disclosure.  Computers are password protected for individuals with access.  All data bases are
designed with stringent security measures to control individual users' ability to access and alter
records within the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained for three (3) years after the grievance case is closed, and are then
destroyed, as set forth in the General Records Schedule 1, Civilian Personnel Records, Item 30(a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Human Resources Group, Office of Management, U.S. Department of Education, 400
Maryland Avenue, SW., Room 2E314, Washington, DC  20202.  See the Appendix at the end of this system
notice for additional system managers.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to records regarding you in this system of records, contact the
system manager at the address listed above and follow the steps outlined in the Notification
Procedure.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including
proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record in this system of records, contact the system
manager at the address listed above.  Your request must meet the requirements of the regulations at
34 CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is supplied from the following sources: Directly by
the individual filing the grievance, from information supplied by the individual, by testimony of
witnesses, employee representatives, Department employees or officials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p><p><b>Appendix to 18-05-05
</b></p><p><i>Additional System Locations and System Managers
</i></p><p>Director, Human Resources Group, Office of Management, U.S. Department of Education, 400
Maryland Avenue, SW., Washington, DC 20202.
</p><p>Employee Relations Team, Office of Management, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 2E233, Washington, DC  20202-4737.
</p><p>U.S. Department of Education, Regional Personnel Office O'Neill Federal Building, 10 Causeway
Street, Room 1095 Boston, MA  02222.
</p><p>U.S. Department of Education, Regional Personnel Office 75 Park Place, 12th Floor, New York, NY
10007.
</p><p>U.S. Department of Education, Regional Personnel Office 3535 Market Street, Room 16300,
Philadelphia, PA  19104.
</p><p>U.S. Department of Education, Regional Personnel Office 61 Forsyth Street, SW, Suite 18T55,
Atlanta, GA  30303.
</p><p>U.S. Department of Education, Regional Personnel Office 111 N. Canal Street, Room 1084, Chicago,
IL  60606.
</p><p>U.S. Department of Education, Regional Personnel Office 1999 Bryan Street, Suite 2710, Dallas, TX
75201-6817.
</p><p>U.S. Department of Education, Regional Personnel Office 10220 North Executive Hills Boulevard,
9th Floor, Kansas City, MO  64153.
</p><p>U.S. Department of Education, Regional Personnel Office 1244 Speer Boulevard, Room 353, Denver,
CO  80204-3582.
</p><p>U.S. Department of Education, Regional Personnel Office 50 United Nations Plaza, Room 207, San
Francisco, CA  94102-4987.
</p><p>U.S. Department of Education, Regional Personnel Office 915 Second Avenue, Room 3388, Seattle, WA
98174-1099.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-06" toc="yes">
<systemNumber>18-05-06</systemNumber>
<subsection type="systemName">Grievance Records Filed under Procedures Established By Labor-Management Negotiations.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Labor Relations Group, Office of Management, U.S. Department of Education, 400 Maryland
Ave., SW., Room 2C136, Washington, DC  20202-4754.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on present and past bargaining unit employees of the Department
covered by the Collective Bargaining Agreement between the Department and American Federation of
Government Employees Council 252.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of a variety of records relating to an employee's grievance
filed under procedures established by labor-management negotiations including employee's name,
Social Security number, grade, job title, testimony of witnesses, material placed into the record to
support the decision, the arbitrator's decision, the arbitrator's report, and a record of an appeal
to the Federal Labor Relations Authority.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to make  determinations and to document a decision
made on a grievance filed by an employee under the negotiated grievance procedures.  Information
from this system may be used by Department officials for preparing statistical summary or management
reports.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Agency Disclosure.  The Department may disclose information from this system to the Office
of Personnel Management, Merit Systems Protection Board (including its Office of Special Counsel),
Equal Employment Opportunity Commission, and the Federal Labor Relations Authority (including the
General Counsel of the Authority and the Federal Systems Impasses Panel) to facilitate their
administrative or enforcement functions.
</p><p>(2)  Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(3)  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.
</p><p>(4)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(5)  Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(6)  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.
</p><p>(7)  Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA) Support.
The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>(8)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components;
</p><p>(vi)  The arbitrator that the Department and AFGE Council 252 contracts to hear arbitration
hearings as the result of invocation of arbitration under the collective bargaining agreement
between them.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, The Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy and a list of individual names is maintained in
electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by file number which are cross-referenced by individual names.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>When not in use by authorized persons, these records are stored in metal file cabinets
stored within the secured suite of the Labor Relations Group.  Access to and use of these records
are limited to personnel who have a need for the records in the performance of their duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are destroyed 5 years after final resolution of case.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Labor Relations Group, Office of Management, U.S. Department of Education, 400
Maryland Ave., SW., Room 2C136, Washington, DC 20202-4754.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
provide the system manager with your name, approximate date of grievance, and management component
and/or individual against whom the grievance was filed.  Your request must meet the requirements of
the regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, contact the system manager at the
above address.  Your request must meet the requirements of the at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of records regarding you in this system, contact the
system manager at the above address and reasonably identify the record and specify the information
contested.  Your request must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained directly from information supplied by the
individual; testimony of witnesses, union officials, or by Department officials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-07" toc="yes">
<systemNumber>18-05-07</systemNumber>
<subsection type="systemName">Unfair Labor Practice Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Labor Relations Group, Office of Management, U.S. Department of Education, 400 Maryland
Ave., SW., Room 2C136,  Washington, DC 20202-4754.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on present and past Department employees and union officials.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records consists of a variety of records relating to an unfair labor practice
charge including the employee's name, Social Security number, grade, job title, employment history
and a variety of work and personnel records associated with the charges and required under
proceedings established by 5 U.S.C. 7101 and Department of Labor Regulations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7101.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used in the processing, investigation and litigation of
unfair labor practice charges that may be filed by the AFGE Council 252, any of the AFGE Local
offices located at Department Headquarters and each of 10 regional offices and by bargaining unit
employees of the Department.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Agency Disclosure.  The Department may disclose information from this system to the Office
of Personnel Management, Merit Systems Protection Board (including its Office of Special Counsel),
Equal Employment Opportunity Commission, and the Federal Labor Relations Authority (including the
General Counsel of the Authority and the Federal Systems Impasses Panel) to facilitate their
administrative or enforcement functions.
</p><p>(2)  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.
</p><p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>1(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components;
</p><p>(vi)  The arbitrator that the Department and AFGE Council 252 contracts to hear arbitration
hearings as the result of invocation of arbitration under the collective bargaining agreement
between them.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy and a list of individual names are kept on electronic
media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by file number which are cross-referenced by individual names.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>When not in use by authorized persons, these records are stored in metal file cabinets
stored within the secured suite of the Labor Relations Group. Access to and use of these records are
limited to personnel who have a need for the records in the performance of official duties.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>According to the Records Retention Schedule of the NARA, records are maintained for 5 years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Labor Relations Group, U.S. Department of Education, 400 Maryland Ave., SW., Room
2C136, Washington, DC 20202-4754.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
provide the system manager with your name, approximate date of record, the unfair labor practice
charges as specified by the complainant, and management component against which the charge was
filed. Your request must meet the requirements of the regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, contact the system manager at the
above address. Your request must meet the requirements of the regulations at 34 CFR 5b.5, including
proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of records regarding you in this system, contact the
system manager at the above address and reasonably identify the record and specify the information
contested. Your request must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is:
</p><p>(1) Supplied directly by the individual; or
</p><p>(2) Derived from information supplied by the individual; or
</p><p>(3) Supplied by testimony of witnesses; or
</p><p>(4) Supplied by Department officials.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

<section id="ed18-05-09" toc="yes">
<systemNumber>18-05-09</systemNumber>
<subsection type="systemName">Voluntary Leave Transfer (VLT) Program.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Director, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Room
2W300, Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on Department of Education employees seeking voluntary
donations of annual leave from other federal employees in order to cover leave shortfalls brought
about by documented medical emergencies.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of written applications of employees seeking assistance from the
program, medical statements certifying need, agency approvals or denials, leave donation records,
leave transfer records, supervisor/timekeeper approvals, payroll notification records, leave program
termination records, and other related documents. Most of these records contain individual Social
Security numbers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 100-566; 5 CFR 630.913.1.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is used for the purposes of determining program
eligibility and for documenting voluntary transfers of leave to program recipients.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Program Disclosures. The Department may disclose records to (1) the Office for Personnel
Management in order to respond to requests for information or other official inquiries; and (2) the
staff of the Department of Interior responsible for preparation of payroll documents,
</p><p>(2) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(3) 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.
</p><p>(4) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(5) 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.
</p><p>(6) Employment, Benefit, and Contracting Disclosure.
</p><p>(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 the 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.
</p><p>(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.
</p><p>(7) Labor Organization Disclosure.  A component of the Department may disclose records to a labor
organization if a contract between the component and a labor organization recognized under Title V
of the United States Code, Chapter 71, provides that the Department will disclose personal records
relevant to the organization's mission.  The disclosures will be made only as authorized by law.
</p><p>(8)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in file folders in a manual filing system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by name of program recipient.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of these records are limited to personnel whose official duties require
such access.  Personnel screening is employed to prevent unauthorized disclosure.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained for one year after the end of the year in which the file is closed and
are then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Room
2W300, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
provide the system manager with your name, approximate date of grievance, and management component
and/or individual against whom the grievance was filed.  Your request must meet the requirements of
the regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, contact the system manager at the
above address.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including
proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of records regarding you in this system, contact the
system manager at the above address and reasonably identify the record and specify the information
contested.  Your request must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by the individual to whom it applies, is
derived from information he or she supplied or is obtained from information supplied by others.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

<section id="ed-05-01" toc="yes">
<systemNumber>18-05-11</systemNumber>
<subsection type="systemName">Training Registration and Information System (TRAINS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Training and Development Center, Office of Management, U.S. Department of Education, 400
Maryland Avenue, SW., Room 2W210, Washington, DC  20202.  See Appendix at the end of this system
notice for additional system locations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>TRAINS contains records of employees who register to attend training classes within the
Department or who request training with an outside vendor for which approval and payment is
required.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>TRAINS consists of records relating to an employee's applications for, and participation in,
Department training classes (internal training) and training courses, conferences, or other
training-related activities offered by vendors or government agencies outside the Department
(external training).  In addition to the employee's name, the system contains the employee's Social
Security Account Number, position level, pay plan, grade, series, organization in which employed,
building/room/telephone number, service completion date, supervisor's name, training requests,
record of whether the employee attended or did not attend the internal class, and record of approval
by principal office and cost of the external training, conference or training-related activity.  For
internal training use, TRAINS has tables of course names and categories required to set up internal
training classes and report the statistics on training offerings (numbers of attendees for specific
courses during specific date parameters, for example).  TRAINS also contains tables of users'
identification information, building addresses, room locations, and vendor names and addresses.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 4103 (1994).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>TRAINS is used for the following purposes:  (1) To track course enrollments; (2) provide
course rosters; (3) to produce attendance records for employees who attend internal training
classes; (4) to produce reports on individual employees' training activities; (5) to produce reports
on training activities conducted by individual organizations within the Department; and (6) by
employees to request approval to attend training activities conducted outside the Department.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record in
this system of records under the routine uses listed in this notice 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 Act, under a computer matching agreement.
</p><p>(1)  Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(2)  Enforcement Disclosure.  In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4)  Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(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 present or former employee of the Department:
complaint, grievance, discipline or competence determination proceedings.  The disclosure may only
be made during the course of the proceeding.
</p><p>(6)  Labor Organization Disclosure.  A component of the Department may disclose records to a
labor organization if a contract between the component and a labor organization recognized under
Title V of the United States Code, Chapter 71, provides that the Department will disclose personal
records relevant to the organization's mission.  The disclosures will be made only as authorized by
law.
</p><p>(7)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8)  Disclosure to the Department of Justice (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.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records.  The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12)  Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA)
Support.  The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained on a networked computer server with backup procedures standard to
all Department servers.  Individual offices may maintain a hard copy of the training requests.
Since entries are made and stored electronically, any hard copy records are kept following the
procedures and/or requirements of the individual principal office.  The Training and Development
Center maintains hard copies of data such as signed class rosters only until the TRAINS database is
updated.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The system is indexed by Social Security number.  The Training and Development Center staff,
designated employees, and contractors who support the staff can access data in the system by
employee name.  Data for reports are retrievable by information from tables such as organization
code and identifying codes for course names.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department of Education site, and the sites of Department
contractors 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 of Education offers a high degree of resistance to
tampering and circumvention.  This security system limits data access to Department of Education 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.  At a program/server level all interactions by individual users with the
system are recorded.  Utilities within the program can identify users' last logon and record changes
made in registrations.  There are four categories of individuals who have some access to this
system:  training coordinators, executive officers, TDC staff and designated employees and
contractors who support TDC activities and system administrators.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records of individuals are in the system indefinitely.  Employees whose names are no longer
in the personnel database are marked for archiving within the system.  A utility is available to
reactivate the records of an employee who returns to the Department.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Training and Development Group Director, Training and Development Center, Office of
Management, U.S. Department of Education, 400 Maryland Avenue, SW., Room 2W210, Washington, DC
20202-4614.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the training coordinator for your principal office and provide the training coordinator with
your name and social security number.  Your request must meet the requirements of the regulations at
34 CFR 5b.5, including proof of identity.  You may also present your request in person at any of the
locations identified for this system of records which include your specific organization or address
your request to the system manager at the address listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>You may request a copy of your student transcript from TRAINS through the training
coordinator for that organization.  Managers may request reports that may include the names of
employees in that organization from the training coordinator or principal office for that
organization.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including
proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the information in this system pertaining to you, you should contact
the system manager at the above address.  You will need to provide specific information concerning
any errors or omissions.  It should be noted that not all employee training is entered into TRAINS
and therefore cannot be tracked on the student transcript.  Questions about external training for
which there is no record must be addressed to the appropriate principal office.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The employee database is a subset of information from the Department's employee payroll
database.  This provides the employee Social Security number, name, grade, job series, and service
completion date.  Locator information (building/room/phone number) is updated manually from
employee-provided information.  Supervisor's name is updated manually from employee-provided
information.  All information regarding external training requests are provided by the employee
requesting the training.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p><p><b>Appendix to 18-05-11
</b></p><p><i>Additional System Locations
</i></p><p>Capital Place, 555 New Jersey Avenue, NW., Washington, DC  20208.
</p><p>Mary E. Switzer Building, 330 C Street, SW., Washington, DC  20202.
</p><p>L'Enfant Plaza, 2100 Corridor, Washington, DC  20202.
</p><p>ROB-3, 7th and D Streets, SW., Washington, DC  20202.
</p><p>Portals Building, 1250 Maryland Avenue, SW., Washington, DC  20202.
</p><p>Region I, McCormack Post Office &amp; Courthouse, Boston, MA  02109.
</p><p>Region II, 75 Park Place, New York, NY  10007.
</p><p>Region III, The Wanamaker Building, 100 Penn Square East, Room 502, Philadelphia, PA  19107.
</p><p>Region IV, 61 Forsyth Street, SW, Atlanta, GA  30303.
</p><p>Region V, 111 North Canal Street, Chicago, IL  60606.
</p><p>Region VI, 1999 Bryan Street, Dallas, TX  75201.
</p><p>Region VII, 10220 North Executive Hills Blvd., Kansas City, MO  64153.
</p><p>Region VII, 7505 Tiffany Springs Parkway, Kansas City, MO  64153.
</p><p>Region VIII, 1244 Speer Boulevard, Denver, CO  80204.
</p><p>Region VIII, 1391 N. Speer Boulevard, Denver, CO  80204.
</p><p>Region IX, 50 United Nations Plaza, San Francisco, CA  94102.
</p><p>Region X, 915 Second Avenue, Seattle, WA  98174.
</p><p>Region X, 1000 Second Avenue, Seattle, WA  98174.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-12" toc="yes">
<systemNumber>18-05-12</systemNumber>
<subsection type="systemName">Alternative Dispute Resolution (ADR) Center Case Tracking System
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Alternative Dispute Resolution Center, Office of Management, U.S. Department of Education,
Capitol Place Building, 80 F Street, NW., Room 408C/Mail Stop 4000, Washington, DC 20001-1528.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records about current and former Department employees or applicants who
have contacted the ADR Center within 45 calendar days of becoming aware of an incident or work-
related dispute needing resolution. A work-related dispute can include a pre-grievance
(administrative or negotiated), pre-Equal Employment Opportunity (EEO) complaint, or formal EEO
complaint that involves various labor and employment laws and regulations pertaining to informal
workplace dispute resolution.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records produces an Alternative Dispute Resolution Center case file that
contains personally identifying information that is pertinent to the particular claim (e.g., non-
selection, disciplinary action, performance problem) being asserted, including, but not limited to,
documents that contain the employee's name, sex, date of birth, home address, and telephone number.
This system of records does not include records covered by the Department's system of records
notices entitled "Discrimination Complaints Records System" 18-05-04 or the
Equal Employment Opportunity Commission (EEOC)/GOVT-1 System of Records Notice entitled "Equal
Employment Opportunity in the Federal Government Complaint and Appeal Records" and "
Grievances Filed Formally Under the Administrative Grievance Procedure" 18-05-05
" or "Grievance Records Filed Under Procedures Established by Labor Management
Negotiations" 18-05-06.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The system is authorized under the Administrative Dispute Resolution Act of 1996 (ADRA), 5
U.S.C. 571 et seq.; Age Discrimination in Employment Act of 1967, as amended (ADEA), 29 U.S.C. 621
et seq.; EEOC regulations, 29 CFR part 1614; Title VII of the Civil Rights Act of 1964, 42 U.S.C.
2000e et seq.; Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791 et
seq.; the Equal Pay Act, 29 U.S.C. 206(d); the Genetic Information Nondiscrimination Act, 42 U.S.C.
2000ff et seq.; Department of Education, Personnel Management Instruction 771-1-Employee
Grievances; and, the Department of Education's Collective Bargaining Agreement, Article 42-Grievance
Procedure.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used: (1) To track, manage, and report on all data,
events, and procedures related to pre-grievances (administrative or negotiated); (2) to track,
manage, and report on all data, events, and procedures related to pre-EEO complaints referred to the
ADR Center for alternative dispute resolution; (3) to track, manage, and report on all data, events,
and procedures related to formal EEO complaints referred to the ADR Center for alternative dispute
resolution; (4) to track, manage, and report on all other data, events, and procedures related to
any workplace issue; (5) to collect, analyze, and report data pertinent to the particular claim
being asserted to include some Personally Identifiable Information (PII) for periodic reports and
analysis; (6) to maintain a record of the data provided by employees requesting assistance; (7) to
act as a source for information necessary to fulfill Equal Employment Opportunity Services'
alternative dispute resolution reporting requirements; and (8) to enable complaint resolution
partners to review and analyze the data of their formal grievance/complaint population.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record in this system of records
under the routine uses listed in the system of records without the consent of the individual, if the
disclosure is compatible with the purposes for which the record was collected. These disclosures may
be made on a case-by-case basis or, if the Department has complied with the computer matching
requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching
agreement.
</p><p>(1) <i>Disclosure for Use by Other Law Enforcement Agencies.</i> The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutorial responsibility within the receiving entity's jurisdiction.
</p><p>(2) <i>Enforcement Disclosure.</i> 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.
</p><p>(3) <i>Litigation and ADR Disclosures.</i>
</p><p>(a) <i>Introduction.</i> In the event that one of the parties listed below is involved in
litigation or ADR, or has an interest in litigation 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:
</p><p>(i) The Department, or any of its components; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(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 of the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) <i>Disclosure to the DOJ.</i> 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.
</p><p>(c) <i>Adjudicative Disclosures.</i> If the Department determines that disclosure of certain
records to an adjudicative body before which the Department is authorized to appear, an individual
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, individual, or entity.
</p><p>(d) <i>Parties, Counsel, Representatives, and Witnesses.</i> If the Department determines that
disclosure of certain 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.
</p><p>(4) <i>Employment, Benefit, and Contracting Disclosure.</i>
</p><p>(a) <i>For Decisions by the Department.</i> 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.
</p><p>(b) <i>For Decisions by Other Public Agencies and Professional Organizations.</i> 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.
</p><p>(5) <i>Employee Grievance, Complaint or Conduct Disclosure.</i> 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 present or former employee of the
Department: A complaint, a grievance, or a disciplinary or competence determination proceeding. The
disclosure may only be made during the course of the proceeding.
</p><p>(6) <i>Labor Organization Disclosure.</i> The Department may disclose records from this system 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.
</p><p>(7) <i>Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.</i> The Department
may disclose records to the DOJ and 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 the FOIA or the Privacy Act.
</p><p>(8) <i>Disclosure to the DOJ.</i> 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.
</p><p>(9) <i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10) <i>Research Disclosure.</i> The Department may disclose records to a researcher if an
appropriate official of the Department determines that the individual or organization to which the
disclosure would be made is qualified to carry out specific research related to functions or
purposes of this system of records. The official may disclose records from this system of records to
that researcher solely for the purpose of carrying out that research related to the functions or
purposes of this system of records. The researcher shall be required to maintain Privacy Act
safeguards with respect to the disclosed records.
</p><p>(11) <i>Congressional Member Disclosure.</i> 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.
</p><p>(12) <i>Disclosure to the OMB for Credit Reform Act (CRA) Support.</i> The Department may
disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>(13) <i>Disclosure in the Course of Responding to a Breach of Data.</i> The Department may
disclose records from this system to appropriate agencies, entities, and persons when: (a) The
Department suspects or has confirmed that the security or confidentiality of information in the
system of records has been compromised; (b) the Department has determined that as a result for the
suspected or confirmed compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or entity) that rely upon the
compromised information; 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 compromise and prevent, minimize, or remedy such harm.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in paper files in filing cabinets and electronically on a
computerized tracking system, and in an email system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed by case tracking number and can be retrieved by the name of the non-
Government party, whether applicant or employee.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of the hard-copy records and the electronic system is limited to those
persons with a "need-to-know" and whose official duties require such access. Hard-copy
records are stored in file cabinets in an office location that is kept locked after the close of the
business day. Personnel screening is employed to prevent unauthorized disclosure. Computers are
password protected. The system is designed with security measures to control an individual user's
ability to access and alter records.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records in this system are maintained in accordance with the General Records Schedule 1,
item 27 Alternative Dispute Resolution (ADR) Files. The General Files, such as, general
correspondence and copies of statutes, regulations, meeting minutes, reports, statistical
tabulations, evaluations of the ADR program, and other records relating to the Department's overall
ADR program will be destroyed when 3 years old. A longer retention is authorized if records are
needed for agency business. (N1-GRS-03-2 item a).
</p><p>The Case Files cover records documenting ADR proceedings and may include an agreement to use ADR,
documentation of the settlement or discontinuance of the ADR case, parties' written evaluations of
the process and/or the neutral third party mediator, and related correspondence. The Case Files will
be destroyed 3 years after settlement is implemented or the case is discontinued. (N1-GRS
-03-2 item b).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Alternative Dispute Resolution Center, Office of Management, U.S. Department of
Education, Capitol Place Building, 80 F. Street, NW., Room 408C/Mail Stop 4000, Washington, DC 20001
-1528.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
contact the system manager. Requests must meet the requirements in the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, contact the system manager. Requests
by an individual for access to a record must meet the requirements the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in this system of records,
contact the system manager. Your request must meet the requirements of the Act regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is supplied from the following sources: Directly by
the individual filing a request for resolution of an EEO pre-complaint, EEO formal complaint or pre-
grievance, from information supplied by the individual, or by testimony of witnesses, employee
representatives, or Department employees/officials.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-13" toc="yes">
<systemNumber>18-05-13</systemNumber>
<subsection type="systemName">Child Care Subsidy Program System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Education, Office of Management, 400 Maryland Avenue, SW., room 2W200,
Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on employees who apply for a subsidy for child care expenses,
their spouses and the children who are enrolled in government-subsidized child care.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of records relating to an employee's application for, and participation
in, the child care subsidy program, including the employee's name, their spouse's name, the
employee's title, grade and salary, the employee's home and work telephone numbers, the employee's
home and work addresses, the organization in which the employee works, the employee's social
security number, their spouse's social security number, the employee's tax returns, their spouse's
tax returns, the name and social security number of the child on whose behalf the parent is applying
for a subsidy, the child's date of birth, the date of entry into the Child Care Subsidy Program, and
the amount of subsidy received; the name, address, telephone number, employer identification number
(EIN), license and accreditation status of the child care center in which the employee's child(ren)
is (are) enrolled, and the dates of attendance.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 106-58 (113 Stat. 477).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is used for the purposes of determining program
eligibility and benefits, verifying the identity of the individual, verifying the eligibility of the
child care center, investigating possible fraud and verifying compliance with regulations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (the Department) may disclose information contained in a record
in the systems 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.
</p><p>(1) Disclosures to Child Care Providers. The Department may disclose information from this system
of records to child care providers in order to verify a child's dates of attendance at the
provider's facility.
</p><p>(2) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(3) 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.
</p><p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(5) Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(6) 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 present or former employee of the Department: Complaint,
grievance, discipline or competence determination proceedings. The disclosure may only be made
during the course of the proceeding.
</p><p>(7) Labor Organization Disclosure. A component of the Department may disclose records to a labor
organization if a contract between the component and a labor organization recognized under Title V
of the United States Code, Chapter 71, provides that the Department will disclose personal records
relevant to the organization's mission. The disclosures will be made only as authorized by law.
</p><p>(8) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(9) Disclosure to the Department of Justice (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.
</p><p>(10) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(11) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(12) 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.
</p><p>(13) Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA) Support.
The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:
</p><p>The records are maintained in hard copy and on a computer database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The files in this system are retrievable by social security number or name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department site, and the sites of Department contractors 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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records of individual are destroyed after five years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Lead Program Specialist, Family-Friendly Programs, Work/Life Programs Group, Office of
Management, 400 Maryland Avenue SW., room 2W200 Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
contact the system manager. Your request must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.5, including proof of identity. You may present your request in person at
any of the locations identified for this system of records or address your request to the system
manager at the address listed above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to access a record regarding you in this system of records, contact the system
manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity. You may present your request in person at any of the
locations identified for this system of records or address your request to the system manager at the
address listed above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest a record regarding you in this system of records, contact the system
manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.7, including proof of identity. You may present your request in person at any of the
locations identified for this system of records or address your request to the system manager at the
address listed above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is provided by Department employees who apply for a child care subsidy and from
the child care providers.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
    
    
<section id="ed18-05-15" toc="yes">
<systemNumber>18-05-15</systemNumber>
    <subsection type="systemName">
        <p>Student Loan Repayment Benefits Case Files (18-05-15).</p>
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Office of Human Resources, Learning and Development Division, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202–4573.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Director, Office of Human Resources, Learning and Development Division, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202–4573.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>The Floyd D. Spence National Defense Authorization Act of Fiscal Year 2001 (Public Law 106–398), as amended (5 U.S.C. 5379), and implementing regulations at 5 CFR part 537.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>These records are maintained to determine eligibility and benefits and to process requests to offer student loan repayment benefits to recruit highly qualified job candidates or to retain highly qualified Department employees under authority set forth at 5 U.S.C. 5379.  The Department uses these records to prepare its reports for the Office of Personnel Management (OPM) as is required by 5 USC 5379 and 5 CFR 537.110.  The Department will also refer information from this system to loan holders for collection activities in the case of any student loan default or delinquency that becomes known to the Department in the course of determining an employee’s and job candidates’ eligibility for student loan repayment benefits because of the Department’s mission responsibilities for Federal student loan programs and its role in promoting their responsible use by student borrowers.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>This system contains records on employees and job candidates (other than those outside of the Department who are currently employed in the Federal service) who are being considered for student loan repayment benefits under the Department’s Human Capital Policy 537–1 entitled "Repayment of Federal Student Loans," as well as employees who have been approved for and received such benefits and former employees who have been approved for and received such benefits before separating from the Department.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>This system contains correspondence and other documents related to requests made by selecting officials or supervisors to offer student loan repayment benefits to recruit highly qualified job candidates or retain highly qualified employees.  This system contains:  (1) request letters from selecting officials or supervisors with supporting documentation; (2) employees’ and job candidates’ names, home and work addresses, Social Security numbers, student loan account numbers, loan balances, repayment schedules, repayment histories, and repayment status; (3) the loan holders’ names, addresses, and telephone numbers; and (4) a signed written service agreement in which an employee or job candidate agrees to complete a specified period of employment with ED.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Information in this system of records is obtained from the individual to whom the information pertains, officials of the Department, official Department documents, and from other individuals or entities from which data is obtained under routine uses set forth below.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.  These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act) under a computer matching agreement.</p>
            <p>(1) Personnel Management Disclosure.  The Department may disclose as a routine use to OPM any records or information in this system of records that OPM requests or requires pursuant to OPM’s oversight and regulatory functions.</p>
            <p>(2) Salary Offset or Debt Collection Disclosures.  The Department may disclose records in this system to other Federal agencies, hearing or court officials, and present employers of a former employee in order for the Department to obtain repayment, if an employee or former employee either fails to complete the period of employment required under a written service agreement (except as set forth in 5 CFR 537.109(b)) or violates any other condition of a written service agreement that specifically triggers a reimbursement requirement, and fails to reimburse the Department the amount of any student loan repayment benefits that the employee or former employee received from the Department.</p>
            <p>(3) Disclosure to Other Federal Agencies.  The Department may disclose records in this system to its payroll processing provider in order to calculate tax withholdings and disburse payments of student loan repayment benefits to loan holders on behalf of employees approved to receive this benefit.</p>
            <p>(4) Disclosure to Student Lending Institutions or Loan Holders.  The Department may disclose to student lending institutions or loan holders records from this system as a routine use disclosure in order to verify  information (such as the borrower’s account number, original and current loan balance, repayment schedule, repayment history, and current repayment status) to allow the Department to determine an employee’s initial and continuing eligibility for this benefit, to facilitate accurate payments to student loan holders on behalf of eligible employees, and to ensure the Department discontinues making student loan repayments to individuals who do not remain eligible for them during the period of the service agreement.  The Department also may disclose to loan holders records from this system of records as a routine use disclosure in the event it becomes known to the Department during the course of its program eligibility determinations that an individual is past due, delinquent, or in default of a federally insured student loan so that the Department can facilitate the loan holder’s collection of any past due, delinquent, or defaulted student loans, because of the Department’s mission responsibilities for Federal student loan programs and its role in promoting their responsible use by student borrowers.</p>
            <p> (5) 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.</p>
            <p>(6) Litigation and Alternative Dispute Resolution (ADR) Disclosures.</p>
            <p>(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:</p>
            <p>(i) The Department, or any component of the Department; or</p>
            <p>(ii) Any Department employee in his or her official capacity; or</p>
            <p>(iii) Any Department employee in his or her individual capacity if the Department of Justice (DOJ) has agreed or has been requested to provide or arrange for representation for the employee;</p>
            <p>(iv) Any Department employee in his or her individual capacity where the Department requests representation for or has agreed to represent the employee; or</p>
            <p>(v) The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p>(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.</p>
            <p>(c) Adjudicative Disclosures.  If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear, or a person or entity designated by the Department or otherwise empowered to resolve or mediate disputes, is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, person or entity.</p>
            <p>(d) Parties, Counsels, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p>(7) Employment, Benefit, and Contracting Disclosure.</p>
            <p>(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.</p>
            <p>(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.</p>
            <p>(8) 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 present 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.</p>
            <p>(9) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to DOJ or 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.</p>
            <p>(10) Disclosure to the Department of Justice.  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 program covered by this system.</p>
            <p>(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.</p>
            <p>(12) 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 a contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to maintain safeguards to protect the security and confidentiality of the records in the system.</p>
            <p>(13) 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 operation), 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.</p>
            <p>(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 (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.</p>
            <p>(15) 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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Records are maintained in hard copy in locked file cabinets and electronically on the SharePoint platform, which runs on the Department’s network (EDUCATE).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>Records are retrievable by the name of the individual.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>All documents will be retained in accordance with the ED Records Schedule 235:  Student Loan Repayment Benefit Case Files.  Non-disputed service agreements – Temporary.  Destroy/delete 3 years after date of approval or upon completion of service agreement, or allowance, whichever is later.  Disputed service agreements – Temporary.  Destroy/delete 6 years and 3 months after the dispute has been resolved, service agreement completed, or repayment, whichever is later.  Disapproved requests – Temporary.  Cut off after requested benefits are denied.  Destroy/delete 3 years after cut off.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>All physical access to the building where this system of records is maintained is controlled and monitored by security personnel who check each individual entering the building for an employee or visitor badge.  Hard copy records are stored in locked metal filing cabinets, with access limited to personnel whose duties require access.  Electronic records are stored on the SharePoint network, which runs on the Department’s network (EDUCATE).  The network complies with the security controls and procedures described in the Federal Information Security Management Act (FISMA), National Institute of Standards and Technology (NIST) Special Publications, and Federal Information Processing Standards (FIPS).  Some specific security controls in place include:</p>
            <p>Operating systems and infrastructure devices are hardened in accordance with NIST and Department guidance.</p>
            <p>Intrusion Detection Systems are deployed at the Intranet and Internet edges and are actively monitored by the Security Operations Center (SOC).</p>
            <p>Vulnerability scans are conducted periodically to ensure supporting systems, and all applications are at the highest state of security and are patched accordingly.</p>
            <p>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 modify records within the system.  Personal computers used to access the electronic records are password-protected, and passwords are changed periodically throughout the year.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>If you wish to request access to your records, you should contact the system manager at the address listed above.  You must provide necessary particulars such as your name, name of organization, subject matter, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name. You must comply with the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>

        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>If you wish to request an amendment to your records, you should contact the system manager at the address listed above.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>If you wish to inquire whether a record exists regarding you in this system, you should contact the system manager at the address listed above.  You must provide necessary particulars such as your name, name of organization, subject matter, 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 Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>The System of Records entitled "Student Loan Repayments Benefits Case Files" (18-05-15) was first published in the Federal Register on May 29, 2002 at 67 FR 37411-37414.  The Department published a Notice of an altered system of records in the Federal Register on December 23, 2016 at 81 FR 94353-94356.</p>
        </xhtmlContent>
    </subsection>
</section>

<section id="ed18-05-17" toc="yes">
<systemNumber>18-05-17</systemNumber>
<subsection type="systemName">Investigatory Material Compiled for Personnel Security, Suitability, Positive Identification
Verification and Access Control for the Department of Education Security Tracking and Reporting
System (EDSTAR).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Security Services, Office of Management, U.S. Department of Education, 400 Maryland
Avenue, SW., Washington, DC 20202-5345.
</p><p>(2) U.S. Department of Education, Data Center, 6710 Oxon Hill Road, Oxon Hill, MD 20745-
1117.
</p><p>(3) U.S. Office of Personnel Management (OPM), Federal Investigations Processing Center, P.O. Box
618, 1137 Branchton Road, Boyers, PA 16018-0618.
</p><p>(4) Verisign, 487 E. Middlefield Road, Mountain View, CA 94043-4047.
</p><p>(5) U.S. Department of Justice (DOJ), DOJ Rockville Data Center, 1151-D Seven Locks Road,
Rockville, MD 20854-0001.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains information on applicants seeking Federal or contract employment with
the Department, current Federal employees and contractors, and other persons or entities doing
business with the Department, or persons either seeking unescorted access to the facilities, or
access to the information systems of the Department, or both. The system does not cover term
employees of less than 30 calendar days with monitored access to either the Department's facilities
or information system, or both. Nor does it cover occasional visitors or short-term guests to the
Department to the extent that they are issued non-Personal Identity Verification (PIV) temporary
identification.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of records containing investigative information pertaining to current
and former Department employees, current and former contractor personnel, and current employees of
entities making offers to the Department for purposes of doing business. This information may
include information pertaining to the individuals' character, conduct, and loyalty to the United
States as relevant to determination of their suitability for employment in the Department. This
system of records may include an individual's name, former names, birth date, birth place, Social
Security number, home address, phone numbers, employment history, residential history, education and
degrees earned, names of associates and references and their contact information, citizenship, names
of relatives, birth dates and birth places of relatives, citizenship of relatives, names of
relatives who work for the Federal government, mental health history, drug use, financial
information, summary report of investigation, results of suitability decisions, level of security
clearance, date of issuance of security clearance, requests for appeal, witness statements,
investigator's notes, tax return information, credit reports, security violations, circumstances of
violation, and agency action taken.
</p><p>These records also may, as appropriate to the individual being investigated, include the
following types of information:
</p><p>(1) Documentation as to his or her arrests and convictions for violations of the law.
</p><p>(2) Reporting as to interviews held with the individual, his or her present and former
supervisors, co-workers, associates, neighbors, educators, etc.
</p><p>(3) Correspondence relating to adjudication matters involving the individual.
</p><p>(4) Reports of inquiries made of law enforcement agencies for information about the individual
contained in the agencies' records.
</p><p>(5) Information provided by organizations having association with the individual, such as
employers, educational institutions attended, professional or fraternal or social organizations to
which the individual is or was a member, etc.
</p><p>(6) Reports of action following an OPM investigation or a Federal Bureau of Investigation Section
8(d) full field investigation.
</p><p>(7) Personal access logs of individuals entering access controlled space.
</p><p>(8) Public Key Infrastructure (PKI) Certificates issued under direct guidance from Homeland
Security Presidential Directive (HSPD)-12 and Federal Information Processing Standard (FIPS)
-201.
</p><p>(9) Personal fingerprint records for identification and criminal records checks.
</p><p>(10) Other information developed from the previous sources.
</p><p>In addition, this system contains records maintained on individuals issued PIV credentials by the
Department. These records may include the following data fields: Full name; Social Security number;
date of birth; signature; image (photograph); fingerprints; hair color; eye color; height; weight;
organization or office of assignment; company name; copy of background investigation form; PIV card
issuance and expiration dates; personal identification number (PIN); results of background
investigation; PIV request form; PIV registrar approval signature; PIV card serial number; emergency
responder designation (if applicable); copies of documents used to verify identification or
information derived from those documents such as document title, document issuing authority,
document number, document expiration date, document other information); level of national security
clearance and expiration date; computer system user name; user access and permission rights,
authentication certificates; and digital signature information. For those issued non-PIV
identification these fields do not apply.
</p><p><b>Note 1:</b></p><p>OPM and DOJ issue the standard forms used to collect information in this system,
i.e. Standard Form (SF) 85, SF-85P, SF-85PS, SF-86, SF-87, and Fingerprint
card FD-258.
</p><p><b>Note 2:</b> To the extent that the Department has records of a personnel investigative
nature that come from OPM or its contractors, these records are covered by OPM/CENTRAL-9,
Personnel Investigations Records, and are not covered by this system notice.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>HSPD-12, Policy for a Common Identification Standard for Federal Employees and
Contractors (August 27, 2004); Executive Orders 10450, 18 FR 2489, 3 CFR 1949-1953 Comp., p.
936); 10577 (3 CFR 1954-1958 Comp., p. 218); and 12968 (Access to Classified Information); 5
U.S.C. 3301 and 7301; Federal Property and Administrative Act of 1949, as amended through Public Law
106-580; and 5 CFR parts 5, 731, 732, and 736.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records in this system are maintained to assist in making determinations concerning
suitability for Federal employment, security clearances, access to classified information,
unescorted access to Federal government owned and Federal government leased facilities or restricted
areas, and evaluations as to acceptability for performance under Federal contracts or other
agreements with the Federal government. Purposes of this system also include: Ensuring the safety
and security of Federal facilities, systems, and information resources, as well as the safety and
security of the occupants and users of these facilities, systems, and information resources;
verifying that persons entering Federal facilities and using Federal systems and information
resources, are authorized to do so; and tracking and controlling PIV cards issued to persons
entering the Federal government's facilities and using its systems and information resources.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 Computer Matching and Privacy Protection Act of 1998, as amended, under
a computer matching agreement.
</p><p>(1) <i>Program Purpose.</i> The Department may disclose records from this system of records to
any source or potential source from which information is requested in the course of an investigation
concerning the suitability or retention of an employee or a contractor, or the retention of a
security clearance, contract, grant, license, or other benefit, to the extent necessary to identify
the individual being investigated, inform the source of the nature and purpose of the investigation,
and to identify the type of information requested.
</p><p>(2) <i>Enforcement Disclosure.</i> The Department may disclose relevant records to a Federal,
State, local, foreign, or tribal entity or other public authority responsible for the investigation,
prosecution, enforcement, or implementation of a statute, rule, regulation, or order, when a record
on its face or in combination with any other information indicates a violation or potential
violation of law (whether civil, criminal, or regulatory in nature) if that information is relevant
to any enforcement, regulatory, investigative, or prosecutorial responsibility of the receiving
entity. It is Office of Management policy not to disclose records under this routine use that
pertain to those questions for which the Office of Management has promised confidentiality under SF
-85P, Questionnaire for Public Trust Positions.
</p><p>(3) <i>Contract Disclosure.</i> If the Department contracts with an entity for the purpose of
performing any function that requires disclosure of records in this system to employees of the
contractor, the Department may disclose the records as a routine use to those employees. Before
entering into such a contract, the Department shall require the contractor to maintain Privacy Act
safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(4) <i>Litigation or Alternative Dispute Resolution (ADR) Disclosure.</i> (a) <i>Introduction.</i
> In the event that one of the following parties 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:
</p><p>(i) The Department or any of its components.
</p><p>(ii) Any Department employee in his or her official capacity.
</p><p>(iii) Any employee of the Department in his or her individual capacity where the DOJ has agreed
to or has been requested to provide or arrange for representation of the employee.
</p><p>(iv) Any employee of the Department in his or her individual capacity where the Department has
agreed to represent the employee.
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) <i>Disclosure to the DOJ</i>. If the Department determines that disclosure of certain records
to the DOJ or attorneys engaged by DOJ is relevant and necessary to litigation or ADR and is
compatible with the purpose for which the records were collected, the Department may disclose those
records as a routine use to DOJ.
</p><p>(c) <i>Adjudicative Disclosure</i>. If the Department determines that disclosure of certain
records to an adjudicative body before which the Department is authorized to appear or to an
individual or entity designated by the Department or otherwise empowered to resolve or mediate
disputes is relevant and necessary to litigation or ADR and is compatible with the purpose for which
the records were collected, the Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
</p><p>(d) <i>Disclosure to Parties, Counsel, Representative, or Witnesses</i>. If the Department
determines that disclosure of certain records to a party, an opposing counsel, representative, or
witness is relevant and necessary to litigation or ADR and is compatible with the purpose for which
the records were collected, the Department may disclose those records as a routine use to a party,
counsel, representative, or witness.
</p><p>(5) <i>Freedom of Information Act (FOIA) Advice Disclosure</i>. The Department may disclose
information from this system of records to DOJ for the purpose of obtaining advice regarding the
releasability of records maintained in this system of records under the FOIA and the Privacy Act of
1974.
</p><p>(6) <i>Congressional Member Disclosure</i>. The Department may disclose information from this
system of records to a Member of Congress or to a Congressional staff member in response to an
inquiry of the Congressional office made at the written request of the constituent about whom the
record is maintained.
</p><p>(7) <i>Disclosure for Use by Other Law Enforcement Agencies</i>. The Department may disclose
information from this system of records to any Federal, State, local or foreign agency or other
public authority responsible for enforcing, investigating, or prosecuting violations of
administrative, civil, or criminal law or regulation if that information is relevant to any
enforcement, investigative, or prosecutorial responsibility within the receiving entity's
jurisdiction.
</p><p>(8) <i>Disclosure for Use for Intelligence Activities</i>. The Department may disclose
information from this system of records to Federal, State, or local agencies, other appropriate
entities or individuals, or, through established liaison channels, to selected foreign governments,
in order to enable an intelligence agency to carry out its responsibilities as authorized by law,
including the National Security Act of 1947 as amended, the CIA Act of 1949 as amended, Executive
Order 12333 or any successor order, applicable national security directives, or classified
implementing procedures approved by the Attorney General and promulgated pursuant to such statutes,
orders or directives.
</p><p>(9) <i>Employment, Benefits, and Contracting Disclosure</i>. (a) <i>For Decisions by the
Department</i>. The Department may disclose information from this system of records to a Federal,
State, or local agency or to another public authority or professional organization, to obtain
information relevant to the Department's conduct of a security or suitability investigation of an
individual seeking employment, licensure, other benefits, or to perform contractual services for, or
to otherwise associate with, the Department.
</p><p>(b) <i>For Decisions by Other Public Agencies and Professional Organizations</i>. The Department
may disclose information from this system of records to a Federal, State, local, or foreign agency,
or other public authority or professional organization, so that the receiving entity may obtain
information relevant to its conduct of a security or suitability investigation of an individual
seeking employment, licensure, other benefits, or to perform contractual services for, or to
otherwise associate with, the receiving entity.
</p><p>(10) <i>Employee Grievance, Complaint, or Conduct Disclosure</i>. If a record is relevant and
necessary to a grievance, complaint, or disciplinary proceeding regarding a present or former
employee of the Department, the Department may disclose the record in the course of an
investigation, fact-finding, or adjudication to another agency of the Federal government, or to any
witness, designated fact-finder, mediator, or other person designated to resolve issues or decide
the matter. The disclosure may only be made during the course of the investigation or the
proceeding.
</p><p>(11) <i>Disclosure in the Course of Responding to Breach of Data</i>. The Department may disclose
records to appropriate agencies, entities, and persons when (a) it is suspected or confirmed that
the security or confidentiality of information in this system has been compromised; (b) the
Department has determined that as a result of the suspected or confirmed compromise there is a risk
of harm to economic or property interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether maintained by the Department or by
another agency or entity) that rely upon the compromised information; and (c) the disclosure is made
to such agencies, entities, and persons who are reasonably necessary to assist the Department in
responding to the suspected or confirmed compromise and in helping the Department prevent, minimize,
or remedy such harm.
</p><p>(12) <i>Disclosure to Protect Safety and Security of Department Employees, Customers, and
Facilities</i>. The Department may disclose to Federal, State, and local law enforcement agencies
and private security contractors, as appropriate, information that the Department deems necessary in
order to: (a) Assist with the protection of the safety of Department employees and customers, the
security of the Department's workplace, or the operation of the Department's facilities or
information systems; or (b) assist with investigations or prosecutions with respect to activities
that affect such safety and security or activities that disrupt the operation of the Department.
</p><p><b>Note 3:</b> Disclosures within the Department of data pertaining to date and time of entry
and exit of a Department employee working in the District of Columbia may not be made to
supervisors, managers, or any other persons (other than the individual to whom the information
applies) to verify employee time and attendance records for personnel actions because 5 U.S.C. 6106
prohibits Federal Executive agencies (other than the Bureau of Engraving and Printing) from using a
recording clock within the District of Columbia, unless used as a part of a flexible schedule or
compressed work schedule under 5 U.S.C. 6120, <i>et seq.</i>
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper and in electronic form. Paper records are stored in fire
resistant locked file cabinets in locked access-controlled rooms. Within the locked access-
controlled room, electronic files are encrypted and stored in alarmed electronic retrieval file
systems. The data servers, the laptops, and the desk computers where the data resides are in locked
access-controlled rooms.
</p><p>PIV identification card data on cardholders entering the Department's facilities is stored in an
encrypted database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Electronic and paper records are retrieved by an unique identifying number by the Department
pursuant to the National Institute of Standards and Technology (NIST), Federal Information
Processing Standard (FIPS) 201, Personal Identity Verification for Federal Employees and
Contractors; this number is cross-referenced to the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's sites, and the sites of the Department's contractors
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.
</p><p>In accordance with the Department's Administrative Communications System (ACS) Directive OM: 5
-101 entitled "Contractor Employee Personnel Security Screenings,"  all contract and
Department personnel who have facility access and system access are required to undergo a security
clearance investigation. Individuals requiring access to Privacy Act data are required to hold, at a
minimum, a moderate-risk security clearance level. These individuals are required to undergo
periodic screening at five-year intervals.
</p><p>In addition to undergoing a security clearance investigation, contract and Department personnel
are required to complete security awareness training on an annual basis. This training is required
to ensure that contract and Department users are trained appropriately in safeguarding Privacy Act
data in accordance with OMB Circular No. A-130, Appendix III.
</p><p>Computer databases are kept on encrypted servers on an isolated virtual local area network (V
-LAN) that is not connected to any outside network including the Internet. Database
accessibility is restricted to hard wire network connection from within the Office Management,
Security Services, and direct Integrated Services Digital Network (ISDN) line to the Department of
Justice (DOJ), or via secure portal to the Office of Personnel Management (OPM). Authorized log-on
codes and passwords prevent unauthorized users from gaining access to data and system resources. All
users have unique log-on codes and passwords. The password scheme requires that users must change
passwords every 60 days and may not repeat the old password.
</p><p>Any individual attempting to log on who fails is locked out of the system after three attempts.
Access after that time requires intervention by the system manager.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Most background investigative records are maintained in accordance with General Records
Schedule (GRS) 18, Item 22--destroy not later than five years after separation or transfer of
employee or no later than five years after contract relationship expires, whichever is later.
Records are destroyed by deletion or shredding.
</p><p>Reports of background investigations conducted by the Office of Inspector General under delegated
authority of the OPM are retained in accordance with OPM retention standards for similar records,
pending National Archives and Records Administration (NARA) approval. Records will be maintained for
15 years after the last investigative activity, except investigations involving potentially
actionable issue(s) will be maintained for 25 years after the last investigative activity and then
destroyed by deletion or shredding.
</p><p>Personal access logs of individuals entering controlled space are retained in accordance with GRS
18, Item 17. In the Department's secured facilities, records are destroyed five years after final
entry or five years after date of document, as appropriate. For all other facilities, records are
destroyed two years after final entry or two years after date of document, as appropriate. Records
are destroyed by deletion or shredding.
</p><p>PKI certificates and PIV cards issued under guidance of HSPD-12 and FIPS-201 will be
retained in accordance with the pending GRS disposition authority as issued by NARA, or in a NARA-
approved, Departmental records retention schedule, as appropriate.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Security Services, Office of Management, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 2W314, Washington, DC 20202-5345.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If an individual wishes to determine whether a record exists regarding him or her in this
system of records, the individual must contact the system manager and provide his or her name, date
of birth, social security number, signature, and the address to which the record information should
be sent. This information is required to ensure the positive identification of the person's record
in the system. Requests for notification about an individual must meet the requirements of the
regulations in 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If an individual wishes to gain access to a record in this system, he or she must contact
the system manager and provide information as described in the notification procedure.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If an individual wishes to change the content of a record in the system of records, he or
she must contact the system manager with the information described in the notification procedure,
identify the specific item or items to be changed, and provide a written justification for the
change, including any supporting documentation. Requests to amend a record must meet the
requirements of the regulations in 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system of records is obtained from--
</p><p>(a) Investigative and other record material furnished by other Federal entities, other
departmental components, State, local, and foreign governments;
</p><p>(b) Applications and other personnel and security forms;
</p><p>(c) Personal investigation, written inquiry, interview, and the electronic accessing of computer
databases of sources, such as the OPM system of records known as Personnel Investigations Records
(OPM/Central-9), employers, educational institutions, references, neighbors, associates, police
departments, courts, credit bureaus, medical records, probation officials, prison officials, DOJ,
newspapers, magazines, periodicals, and other publications; and
</p><p>(d) Confidential sources.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>The Secretary has exempted by regulation--in 34 CFR 5b.11(d)--this system of
records only to the extent that the information is investigatory material compiled solely for the
purpose of determining suitability, eligibility, or qualifications for Federal civilian employment,
Federal contracts, or access to classified information from the following provisions of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(5):
</p><p>(1) 5 U.S.C. 552a(c)(3), regarding access to an accounting of disclosures of records.
</p><p>(2) 5 U.S.C. 552a(d)(1) through (4) and (f), regarding notification of and access to records and
correction or amendment of records.
</p><p>(3) 5 U.S.C. 552a(e)(4)(G) and (H) regarding inclusion of information in the system notice about
procedures for notification, access, and correction of records.
</p><p>As indicated in 34 CFR 5b.11(f), individuals will be provided access to information in this
system, except when, in accordance with the provisions of 5 U.S.C. 552a(k)(5):
</p><p>(1) The disclosure of such information would reveal the identity of a source who furnished
information to the Government under an express promise that the identity of the source would be held
in confidence; or
</p><p>(2) The information was obtained prior to September 28, 1975 and the disclosure of such
information would reveal the identity of the source under an implied promise that the identity of
the source would be held in confidence.
</p></xhtmlContent></subsection></section>
<section id="ed18-05-18" toc="yes">
<systemNumber>18-05-18</systemNumber>
<subsection type="systemName">Education Publications Center (ED PUBS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Aspen Systems Corporation, 2277 Research Boulevard, Rockville, MD 20850.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on individuals who contact ED PUBS to request products from the
U.S. Department of Education.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains the name, address, and telephone number of the individuals, as well as
what product those individuals request.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Goals 2000: Educate America Act, Pub. L. 103-227, 951, 20 U.S.C. 6051 (Supp. I, 1995).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to disseminate the Department's products to the
public.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4) Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(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 present or former employee of the Department: complaint,
grievance, discipline or competence determination proceedings. The disclosure may only be made
during the course of the proceeding.
</p><p>(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.
</p><p>(7) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8) Disclosure to the Department of Justice (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.
</p><p>(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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12) Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA) Support.
The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are retained in a computer database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records are retrieved by customer type (this is a categorical description of the
customer such as school administrator, parent, teacher K-12, etc.), order date, the title of
the requested product, and the region of the country from which the order was placed.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records in the system will be maintained in a secure password-protected electronic system
that will utilize security hardware and software to include: firewalls to block external access to
the system, the required use of a unique user ID with personal identifiers, and the recording of all
interactions with the system. A maximum of one trusted individual with a Department of Justice Civil
clearance has system logon access. This clearance is based on a National Agency Checks with Written
Inquiries and Credit (NACIC) review, equivalent to the Department's moderate risk 5C clearance
process. All physical access to the site of the Department's contractor, where this system of
records is maintained, is controlled and monitored by security personnel who check each individual
entering the building for his or her employee or visitor badge. The ED PUBS system has been granted
Certification and Full Accreditation in accordance with the Department's Certification and
Accreditation Program, and applicable Federal laws and policies.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are deleted upon revision or update.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>ED PUBS Contract Officer's Representative &amp; Program Manager/Analyst, Office of
Management, U.S. Department of Education, 400 Maryland Avenue, SW., room 2E103, Washington, DC
20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to access a record regarding you in the system of records, contact the system
manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest a record regarding you in the system of records, contact the system
manager. Your request must meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system is obtained from the individuals who contact ED PUBS.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

    <section id="ed18-05-20" toc="yes">
        <systemNumber>18-05-20</systemNumber>
        <subsection type="systemName">
            Freedom of Information Act and Privacy Act Tracking System.
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Electronic Data Records:  Plano Technology Center, 2300 West Plano Parkway, Plano, TX 75075.</p>
                <p>See Appendix for additional system locations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> This system contains records on individuals or their representatives who have submitted Freedom of Information Act (FOIA) or Privacy Act (PA) requests for records and/or FOIA administrative appeals with the Department; individuals whose requests for records have been referred to the Department by other agencies; individuals who are the subject of such requests, appeals; and/or the Department personnel assigned to handle such requests and appeals.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>This system consists of records created or compiled in response to FOIA requests, PA requests or both FOIA/PA requests for records or subsequent administrative appeals to include: the requester's name, address, telephone number, email address; amount of fees paid, and payment delinquencies, if any; the original requests and administrative appeals; responses to such requests and appeals; all related memoranda, correspondence, notes, and other related or supporting documentation, summary of log, and in some instances copies of requested records and records under administrative appeal.</p>
                <p>Note: Since these FOIA/PA case records contain inquiries and requests regarding the Department"s other systems of records subject to the Privacy Act, information about individuals from any of these other systems may become part of this FOIA and PA Tracking System.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The Freedom of Information Act, 5 U.S.C. 552, as amended; The Privacy Act of 1974, 5 U.S.C. 552a, as amended.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>This system is used to document and track the status of requests made under both FOIA and the Privacy Act. This system is also used to generate the annual report to the Department of Justice (DOJ) as required by the Freedom of Information Act and the biennial report to the OMB and Congress as required by the Privacy Act.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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, under a computer matching agreement. </p>
                <p> (1)  Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose information to any Federal, State, local, or foreign agency or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity's jurisdiction.</p>
                <p> (2)  Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records 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.</p>
                <p> (3)  Litigation and ADR Disclosures.</p>
                <p> (a)  Introduction.  In the event that one of the parties listed below is involved in litigation or ADR, or has an interest in litigation 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:</p>
                <p> (i)  The Department, or any of its components; or</p>
                <p> (ii)  Any Department employee in his or her official capacity; or</p>
                <p> (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 of the employee;</p>
                <p> (iv)  Any Department employee in his or her individual capacity where the Department has agreed to represent the employee; or</p>
                <p> (v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p> (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.</p>
                <p> (c)  Adjudicative Disclosures.  If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear, an individual 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, individual, or entity.</p>
                <p> (d)  Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p> (4)  Employment, Benefit, and Contracting Disclosure.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (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 present or former employee of the Department:  a complaint, a grievance, or a disciplinary or competence determination proceeding.  The disclosure may only be made during the course of the proceeding.</p>
                <p> (6)  Labor Organization Disclosure.  The Department may disclose records from this system 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.</p>
                <p> (7)  Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ and 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 the FOIA or the Privacy Act.</p>
                <p> (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.</p>
                <p> (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.  Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under subsection (m) of the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system.</p>
                <p> (10)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect to the disclosed records.</p>
                <p> (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.</p>
                <p> (12)  Disclosure to the OMB for Credit Reform Act (CRA) Support.  The Department may disclose records to OMB as necessary to fulfill CRA requirements. </p>
                <p> (13)  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 the security or confidentiality of information in the system of records has been compromised;  (b)  the Department has determined that as a result for the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; 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 compromise and prevent, minimize, or remedy such harm.</p>
                <p>(14)  Disclosure to National Archives Records Administration, Office of Government Information Services (OGIS).  The Department may disclose records to the National Archives and Records Administration (NARA), Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. " 552(h), to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA), and to facilitate OGIS" offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies. </p>
                <p>Disclosure to consumer reporting agencies:</p>
                <p>Not applicable to this notice.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Storage:</p>
                <p>Paper records are kept in file folders in locked file cabinets.  Electronic records are kept in a computer database and on a web-based portal maintained by the Department.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are retrieved by the name of the individual or the control tracking number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All physical access to the sites of the Department and the Department"s contractors where this system of records are maintained is controlled and monitored by security personnel who check each individual entering the building for his or her employee badge.  Paper files are kept in locked file cabinets.  Immediate access to these records is restricted to authorized staff.  Direct access to the computer system employed by the Department is restricted to authorized Department staff performing official duties.  Authorized staff members are assigned passwords that must be used for access to computerized data.  Also, an additional password is necessary to gain access to the system.  The system-access password is changed frequently.  The Department"s information system"s security posture has been certified and accredited in accordance with applicable Federal standards. The computer database maintained by Privacy Information &amp; Records Management Services, Office of Management, is accessible only to authorized persons and is password-protected and utilizes security hardware and software.  Additionally, the web-based portal is accessible only to authorized persons and is password-protected.</p>
                <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), the Freedom of Information Act and Privacy Act Tracking System must receive a signed Authority to Operate (ATO) from a designated Education official.  The ATO process includes an assessment of security controls, a plan of action and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                <p>FISMA controls implemented by the Department include a combination of management, operational, and technical controls, and include the following control families:  access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records relating to FOIA and PA Tracking System are retained in accordance with General Records Schedule (GRS 14):</p>
                <p>FOIA Requests Files " GRS 14, Item 11a (Ed Schedule No.: 151)</p>
                <p>FOIA Appeals Files " GRS 14, Item 12.a-c (Ed Schedule No.: 152)</p>
                <p>FOIA Control Files "GRS 14, Item 13.a-c (Ed Schedule No.: 153)</p>
                <p>FOIAXpress - ED 086 Information Systems Supporting Materials for System Software </p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Freedom of Information Act Service Center Director, Room LBJ 2E305, 400 Maryland Ave., SW., Washington, D.C. 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If an individual wishes to gain access to a record in this system of records, he or she should contact the system manager at the appropriate office or region where the original FOIA or Privacy Act requests were sent, or from where the response was received.  A request to amend a record must meet the requirements of the Department"s Privacy Act regulations in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If an individual wishes to gain access to a record in this system of records, he or she should contact the system manager at the appropriate office or region where the original FOIA or Privacy Act requests were sent, or from where the response was received.  A request to amend a record must meet the requirements of the Department"s Privacy Act regulations in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If an individual wishes to contest the content of a record pertaining to him or herself that is contained in the system of records, he or she should contact the system manager at the appropriate office or region where the original FOIA or Privacy Act requests were sent (see appendix), or from where the response was received.  A request to amend a record must meet the requirements of the Department"s Privacy Act regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system of records is obtained from the individual who submitted the request, officials of the Department, and official Department documents. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p> None.</p>
                <p>
                    <b>Appendix to 18"05"20</b>
                </p>
                <p>
                    <i>FOIA Program Offices</i>
                </p>
                <p>Office of the Secretary, U.S. Department of</p>
                <p>Education, 400 Maryland Avenue, SW., Room 7C122, Washington, D.C. 20202.</p>
                <p>Office of the Under Secretary, U.S. Department of</p>
                <p>Education, 400 Maryland Avenue, SW., Room 7E313, Washington, D.C. 20202.</p>
                <p>Office of the Deputy Secretary, U.S. Department of</p>
                <p>Education, 400 Maryland Avenue, SW., Room 7W316, Washington, D.C. 20202.</p>
                <p>Office of the Chief Financial Officer, U.S.</p>
                <p>Department of Education, Potomac Center Plaza, 550 12th Street, SW., Room 6105, Washington, D.C. 20202.</p>
                <p>Office of Chief Information Officer, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., Room 9111, Washington, D.C. 20202.</p>
                <p>Office of Special Education and Rehabilitative Services, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., Room 5064, Washington, D.C. 20202.</p>
                <p>Office of Career, Technical, and Adult Education,</p>
                <p>U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., Room 11129, Washington, D.C. 20202.</p>
                <p></p>
                <p>Office of the General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW., Room 6E333, Washington, D.C. 20202.</p>
                <p>Office of Management, U.S. Department of</p>
                <p>Education, 400 Maryland Avenue, SW., Room 2E209, Washington, D.C. 20202.</p>
                <p>Office of Inspector General, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., Room 8086, Washington, D.C. 20202.</p>
                <p>Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW.,</p>
                <p>Room 3W253, Washington, D.C. 20202.</p>
                <p>Office of Student Financial Assistance Programs, U.S. Department of Education, Union Center Plaza, 830 1st Street, NE., Room 22D2, Washington, D.C. 20202.</p>
                <p>Office for Civil Rights, U.S. Department of</p>
                <p>Education, 400 Maryland Avenue, SW.,</p>
                <p>Room 4C151, Washington, D.C. 20202.</p>
                <p>Institute of Education Sciences, U.S. Department of Education, Capital Place, 555 New Jersey Avenue, NW., Room 627B, Washington, D.C. 20208.</p>
                <p>Office of Postsecondary Education, U.S. Department of Education, 1990 K Street, NW., Room 7147, Washington, D.C. 20006.</p>
                <p>Office of Legislation &amp; Congressional Affairs, U.S. Department of Education, 400 Maryland Avenue, SW.,</p>
                <p>Room 6W352, Washington, D.C. 20202.</p>
                <p>Office of Communication &amp; Outreach, U.S. Department of Education, 400 Maryland Avenue, SW.,</p>
                <p>Room 5E225, Washington, D.C. 20202.</p>
                <p>Office of Planning, Evaluation and Policy Development, U.S. Department of Education, 400 Maryland Avenue, SW.,</p>
                <p>Room 5E319, Washington, D.C. 20202.</p>
                <p>National Assessment Governing Board, 800 North Capitol Street, NW., Room 825, Washington, D.C. 20002.</p>
                <p>
                    <i>Regional FOIA Offices</i>
                </p>
                <p>Region I: Regional Director, OCR,</p>
                <p>5 Post Office Square, 8th Floor, Boston, MA 02109-3921.</p>
                <p>Region II: Regional Director, OCR, </p>
                <p>32 Old Slip, 26th Floor, New York, NY 10005-2500.</p>
                <p>Region III: Regional Director, OCR,</p>
                <p>The Wanamaker Building, 100 Penn Square East, Suite 515, Philadelphia, PA 19107-3323.</p>
                <p>Region IV: Regional Director, OCR, </p>
                <p>61 Forsyth Street, SW., Suite 19T10, Atlanta,</p>
                <p>GA 30303-8927.</p>
                <p>Region V: Regional Director, OCR</p>
                <p>Citigroup Center, 500 W. Madison Street, Suite 1475, Chicago, IL 60661</p>
                <p>Region VI: Regional Director, OCR,</p>
                <p>1999 Bryan Street, Suite 1620, Dallas, TX 75201-6810.</p>
                <p>Region VII: Regional Director, OCR,</p>
                <p>One Petticoat Lane1010 Walnut Street, Suite 320, 3rd Floor, Kansas City, MO 64106.</p>
                <p>Region VIII: Regional Director, OCR,</p>
                <p>Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204-3582.</p>
                <p>Region IX: Regional Director, OCR</p>
                <p>50 Beale Street, Suite 7200, San Francisco, CA 94105.</p>
                <p>Region X: Regional Director, OCR,</p>
                <p>915 Second Avenue, Room 3310, Seattle, WA 98174-1099.</p>
                <p>Region XI: Regional Director, OCR,</p>
                <p>400 Maryland Avenue, SW., Washington, D.C. 20202-1745.</p>
                <p>Region XV: Regional Director, OCR,</p>
                <p>
                    1350 Euclid Avenue, Suite 325, Cleveland, OH 44115.

                </p>
            </xhtmlContent>
        </subsection>
    </section>
    
<section id="ed18-06-01" toc="yes">
<systemNumber>18-06-01</systemNumber>
<subsection type="systemName">Federal Advisory Committee Membership Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Committee Management, Office of Intergovernmental and Interagency Affairs, U.S. Department
of Education, 400 Maryland Avenue, SW., Room 5E330, Washington, DC  20202-3571.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have been or are presently members of or are being considered for membership
on advisory committees or other committees within the jurisdiction of the Department of Education.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system consists of one or more of the following:  Name, title, sex, place
and date of birth, home address, business address, organizational affiliation, phone numbers, fax
numbers, e-mail addresses, degrees held, general educational background, ethnic background, resume,
curriculum vitae, dates of term on advisory committee, status on advisory committee, reason for
leaving advisory committee, previous or current membership on other advisory committee, special
qualifications of the individual for the advisory committee or other membership, source who
recommended the individual for membership on advisory and miscellaneous correspondence.
Additionally, memoranda justifying the individual's selection are included in the file in cases in
which the individual has served repetitively on advisory committees, has not had a one-year break in
service on advisory, or where various statutory or other requirements for advisory committee
membership cannot be met.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Federal Advisory Committee Act, as amended, (U.S.C.A. Appendix 2).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to evaluate and select individuals for membership on
advisory committees or other committees within the jurisdiction of the Department.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Reporting Disclosures.  The Department may disclose a record to the President, the Office of
Management and Budget, the General Services Administration or to the General Accounting Office in
order to complete its reporting requirements under 41 CFR part 101-6.
</p><p>(2)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(3)  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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard-copy filed in file cabinets and/or index cards.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>For the most part records are maintained in an alphabetical index by name of the committees.
Records from the system are available to the staffs of the respective Advisory Committees and other
Department staff on a "need-to-know"  basis.  Uses include special administrative reports; quarterly
alphabetical listings of past, present and recommended members of Advisory Committees; and other
administrative needs.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access to records is restricted to authorized personnel through locked files, rooms,
and buildings, as well as building pass and security guard sign-in systems.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Retention is variable from one year to permanent retention depending upon the type of
record, e.g., names of former members of advisory committees are retained permanently.  Certain
records are disposed of by referral to the Federal Records Center.  Others are disposed of as trash
by the system manager or office of security depending upon the confidentiality of the information
contained on the record.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Committee Management Officer, Office of Intergovernmental and Interagency Affairs, U.S.
Department of Education, 400 Maryland Avenue, SW., Room 5E330, Washington, DC  20202-3571.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedures.  Requestors should also reasonable specify the record
contents, being sought.  These access procedures are in accordance with Department Regulations (34
CFR 5b.5(a)(2)).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Contact the official at the address specified under notification procedures, and reasonably
identify the record and specify the information to be contested.  (These procedures are in
accordance with Department Regulations (34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The vast majority of information contained in records on individuals is obtained directly
from the individual.  Other information in the form of references and recommendations is obtained
from other private individuals, program personnel, biographical reference books, private
organizations, former employees, regional office of the Department, Members of Congress, and other
government sources.
</p><p>Additionally the system of records contains information about members of the public who have
requested that they receive various publications through the inclusion of their names and addresses
on various mailing lists.
</p><p>Information maintained on those individuals who have requested participation on mailing lists is
limited to name and mailing address, information maintained on individuals who are past, present, or
recommended
</p></xhtmlContent></subsection></section>
<section id="ed18-06-02" toc="yes">
<systemNumber>18-06-02</systemNumber>
<subsection type="systemName">Telephone Directory/Locator System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Information Resource Center, Intergovernmental and Interagency Affairs, U.S. Department of
Education, Room 5E233, 400 Maryland Avenue, SW., Washington, DC  20202-0498.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on current employees of the Department, vendors or other
Federal employees located in Department operating offices and facility complexes.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains records such as first and last names, titles, agency office addresses,
program and principal office agency mailing addresses, telephone numbers, fax numbers, e-mail
addresses, and standard administrative codes for departmental employees and other individuals with
access rights to the Department's Intranet.  Names, phone numbers, principal and program offices,
office addresses (building name, address, room number, region), and e-mail addresses are available
via the Department's website.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301, 40 U.S.C. 486(c).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records are used to develop and maintain current employee locator and directory listings.
The locator listings are used by the Department information centers, employees, mail rooms, and
others specifically for the purpose of locating employees and for routing mail.  The directory
listings are used to produce departmental telephone directories on an as needed basis.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement. 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, under a computer matching agreement.
</p><p>(1) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(2)  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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose to a consumer
reporting agency information regarding a claim by the Department which is determined to be valid and
overdue as follows:  (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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these
disclosures may be made is defined at 31 U.S.C. 3701(a)(3).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored on hard drives, computer printouts, and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by first and last name, principal office name, telephone number, and
a keyword search field.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Only authorized personnel have access to master lists and the ability to make permanent
changes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Data is edited by each employee online in real time.  Therefore data can change or be
deleted each day.  Once the employee leaves the Department, all data is deleted from the database as
the database only houses the most current Departmental employee location data.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Locator Administrator(s), Information Resource Center, Intergovernmental and Interagency
Affairs, U.S. Department of Education, Room 5E233, 400 Maryland Avenue, SW., Washington, DC  20202
-0498.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record regarding you exists in this system, contact the
system manager at the address provided above.  Your request must meet the requirements of the
regulations at 34 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to records regarding you in this system, contact the system
manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including proof
of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you, contact the system managers.
Your request must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from individual employee, the Information Resource
Center and the Chief Information Office.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-06-03" toc="yes">
<systemNumber>18-06-03</systemNumber>
<subsection type="systemName">Presidential Scholars Program Files and PSA online Application System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the Chief Information Officer, Regional Office Building 3, 301 7th and D Streets,
SW., Washington, DC 20202-8173.
</p><p>See the Appendix at the end of this notice for additional system locations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on individuals who are participants in the U.S. Presidential
Scholars Program (the program).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of information about program candidates, including name, date of birth,
Social Security number, address, e-mail address, high school, biographical information provided by
the students such as work experience and awards received, SAT and ACT scores, school transcripts,
and essays, as well as name and contact information for the teacher the candidate is nominating for
the Department's Teacher Recognition Award. The system will also include the unique user
identification and password issued to system users by the Department of Education (Department) in
its invitation package (application to the program is by invitation only.)
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 11155 (1964), as amended by Executive Order 12158 (1979).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system will be used to-- (1) Determine the eligibility of
candidates and review their applications in order to determine program semifinalists and finalists
on an annual basis; (2) develop and implement the program's annual recognition component; and (3)
carry out the authorizing Executive Order 11155, as amended by Executive Order 12158 (1979).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record in this system of records
under the routine uses listed in this system without the consent of the individual if the disclosure
is compatible with the purposes for which the record was collected. The Department may make
disclosures on a case-by-case basis or, if the Department has complied with the computer matching
requirements of the Computer Matching and Privacy Protection Act of 1988, under a computer matching
agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, tribal, or foreign agency or other public authority responsible for
enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulations if that information is relevant to any enforcement, regulatory, investigative, or
prosecutorial responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulations, 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, regulations, or order issued pursuant
thereto.
</p><p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties described in paragraphs (a)(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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed or been requested to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity if the agency has agreed to
represent the employee; or
</p><p>(v) The United States if the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Adjudicative Disclosures. If the Department determines that disclosure of certain records to
an adjudicative body before which the Department is authorized to appear or to an individual or
entity designated by the Department or otherwise empowered to resolve or mediate disputes is
relevant and necessary to litigation or ADR, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, Counsels, Representatives, and Witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative, or witness is relevant and
necessary to litigation or ADR, the Department may disclose those records as a routine use to the
party, counsel, representative, or witness.
</p><p>(4) Employment, Benefit, and Contracting Disclosure.
</p><p>(a) For Decisions by the Department. The Department may disclose a record to a Federal, State,
local, tribal, or foreign 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 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.
</p><p>(b) For Decisions by Other Public Agencies and Professional Organizations. The Department may
disclose a record to a Federal, State, local, tribal, 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.
</p><p>(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 present or former employee of the Department: complaint,
grievance, discipline, or competence determination proceedings. The disclosure may be made only
during the course of the proceeding.
</p><p>(6) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the DOJ and the OMB if the Department concludes that disclosure is desirable or necessary in
determining whether particular records are required to be disclosed under the FOIA.
</p><p>(7) 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 program covered by this system.
</p><p>(8) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(9) Congressional Member Disclosure. The Department may disclose information 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.
</p><p>(10) Routine Programmatic Purposes. The Department may disclose records from this system of
records in order to promote the selection and recognition of students and the visibility of the
program. In order to honor participants and finalists (Scholars) pursuant to programmatic
requirements, disclosures of records from this system will be made to the following entities for the
purposes specified:
</p><p>(a) Disclosures to the Review Committee and the Commission on Presidential Scholars. The program
will provide copies of each candidate's complete application package to members of the program's
review committee for selection of semifinalists and complete copies of each semifinalist's
application package to the Commission on Presidential Scholars (Commission) for selection of the
Scholars and for in-state recognition ceremonies held for semifinalists and Scholars.
</p><p>(b) Disclosures to the General Public Announcing the Program's Candidates, Semifinalists, and
Scholars. The program will provide the name, State, town, and school name of each candidate,
semifinalist, and Scholar on the Presidential Scholars Program section of the Department's Web site.
</p><p>(c) Disclosures to the General Public of the Annual Presidential Scholars Yearbook. For
recognition purposes as well as informational and, on rare occasions, research requests, the program
will provide copies of the Presidential Scholars Yearbook, which includes student photos, names,
school, city, State, college of choice, and student-written essays, to Scholars, families, teachers,
Commissioners, sponsors, potential candidates, researchers, and other interested parties. Due to
limited numbers, copies are provided first to program participants and, if additional copies remain,
in response to other inquiries.
</p><p>(d) Disclosures to Contractors for Production of Program Recognition Materials and the
Presidential Scholars Yearbook. The program will provide records to contractors for the printing of
certificates, the engraving of Scholar medallions, and the printing of the Presidential Scholars
Yearbook. The Executive order states that Scholars are to receive medallions, and occasionally the
Administration wishes to provide certificates signed by the President.
</p><p>(e) Disclosures to Contractors and College-age Interns to Arrange Scholar Accommodations,
Transportation, and Other Services. The program may provide records to area vendors in preparation
for the program's "National Recognition Week,"  held annually in Washington, DC, each June. During
that week, Scholars travel to the Nation's Capital at the program's expense to participate in
educational and celebratory activities. At the same time, former Scholars return to the program as
"Advisors"  to assist with the program during National Recognition Week.
These Advisors also receive information relevant to the Scholars assigned to them.
</p><p>(f) Disclosures to National, State, and Local Media To Publicize the Scholars and Respond to
Press Inquiries About Them. Records are provided to national, State, and local media for the purpose
of publicizing the Scholars and responding to press inquiries.
</p><p>(g) Disclosures to the White House and Federal Agencies for Briefings, Speechwriting, or To
Obtain Security Clearances. Records are provided to the White House and Federal agencies for the
purpose of speechwriting and briefings for officials addressing the Scholars and guests at
recognition events or for security clearances at events attended by Government officials or in
buildings with limited access.
</p><p>(h) Disclosures to National, State, and Locally Elected Officials and Their Staff To Notify Them
of Candidates, Semifinalists, and Scholars in their States or Districts and To Assist With Other
Activities To Recognize These Individuals. Records are provided for the purpose of notifying elected
officials of candidates, semifinalists, and Scholars in their States or districts and to assist with
preparing congratulatory letters, certificates, and other honors or scheduling events or office
visits in Washington, DC, or at home.
</p><p>(i) Disclosures to State and Local Education Officials To Notify Them of Candidates,
Semifinalists, and Scholars in Their States, Districts, or Schools. Records are provided to Chief
State School Officers, Superintendents of school districts, principals, and guidance counselors for
the purpose of notifying them of the candidates, semifinalists, and Scholars in their States,
districts, or schools.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in hard copy filed in lockable standard filing cabinets; on
access-controlled personal computers; and in a computer database maintained on the Department of
Education's Network (EDNet).
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The data are retrieved by name, Social Security number, State, high school, and year of
selection. Various reports on multiple candidates, semifinalists, and Scholars can also be run.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department of Education site where this system of records is
maintained and the sites of the Department of Education's staff and contractors with access to the
system is controlled and monitored by security personnel who check each individual entering the
building for his or her employee or visitor badge.
</p><p>The computer systems employed by the Department and its contractors offer a high degree of
security against tampering and circumvention. These security systems limit data access to Department
and contract personnel on a "need to know"  basis and control individual users' ability to access
and alter records within the system. All users of these systems are given a unique user ID, and
interactions by individual users with the system are recorded.
</p><p>In accordance with the Privacy Act, all candidates or their legal guardians, if they are minors,
must read a privacy advisory statement. Candidates or their legal guardians also must provide a
signature affirming their candidacy and authorizing the release of specific information in relation
to the program. PSAonline will use assigned electronic identifications and passwords for these
authorizations. Applicants or their legal guardians will sign the program's release form
electronically. The program will issue unique user identifications and passwords to all system users
(candidates, legal guardians, school staff, and principals) in their invitation packets. Users will
access the system by entering their assigned user identifications and passwords, and the system will
validate the user and his or her role (candidate, legal guardian, administrator) against the
database. If invalid information is entered, an error message will be displayed, and access will be
denied. Users may edit their passwords after they have logged in using the federally assigned user
identifications and passwords. Access to various parts of the system and the application is
restricted based on user role and level of authorization.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Files are retained for four years in order to verify yearbook and alumni publications and to
choose current Scholars as future Advisors to the Commission. In accordance with the Department of
Education's Records Disposition Schedules (ED/RDS, Part 5, Item 6), both paper and electronic files
are destroyed in four-year blocks when the most recent record is four years old.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Director, U.S. Presidential Scholars Program, Community Services, Partnerships and
Recognition Programs Team, Office of Intergovernmental and Interagency Affairs, U.S. Department of
Education, 400 Maryland Avenue, SW., Washington, DC 20202-3521.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine if you have a record in this system, provide the system manager
with your name, date of birth, and Social Security number. Your request must meet the regulatory
requirements of 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in this system, provide the system manager with
your name, date of birth, and Social Security number. Your request must meet the regulatory
requirements of 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record, contact the system manager. Your request
must meet the regulatory requirements of 34 CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from American College Testing and the College Board/Educational
Testing Service, individual candidates, their legal guardians if they are minors, and school
officials (principals, teachers, and guidance counselors) in public and private secondary
institutions attended by the candidates.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p><p><b>Additional System Locations
</b></p><p>U.S. Presidential Scholars Program, Community Services, Partnerships and Recognition
Programs Team, Office of Communications and Outreach, U.S. Department of Education, 400 Maryland
Avenue, SW., Washington, DC 20202-8173.
</p><p>American College Testing, Inc., Recognition Program Services, 301 ACT Drive, Iowa City, Iowa
52243-4030.
</p><p>Fastek, 1425 60th Street NE., Cedar Rapids, Iowa 52402-1253.
</p></xhtmlContent></subsection></section>
<section id="ed18-06-04" toc="yes">
<systemNumber>18-06-04</systemNumber>
<subsection type="systemName">Satellite Event Participant Registration System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Information Resource Center, Intergovernmental and Interagency Affairs, U.S. Department of
Education, Room 5E233, FOB-6, 400 Maryland Avenue, SW., Washington, DC 20202-0498.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on individuals and contact persons from organizations that
register for participation in selected events hosted by the U.S. Department of Education (such as
the monthly Satellite Town Meeting) as well as individuals who have requested regular information on
such events.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of a variety of records including the name of the individual, his or
her e-mail address, telephone number, fax number, mailing address, the name of organization with
whom the individual is affiliated, name of the technical satellite contact, the name of the event,
the event location and broadcast information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>20 U.S.C. 1231a.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is used to serve those individuals and
organizations participating in Department of Education events and satellite broadcast events as well
as to provide selected information to the public about such events.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Press Disclosure. The Department may disclose information from this system to potential
viewers of the event or to the press in order to provide a list of event participants. Such
disclosures are made only at the request of the event participants whose information is disclosed.
</p><p>(2) Event Planning Disclosure. The Department may disclose information from this system to
government and non-government entities involved with hosting or producing the event in order to
assist in the planning of the event.
</p><p>(3) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(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.
</p><p>(5) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(6) Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(7) 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 present or former employee of the Department: complaint,
grievance, discipline or competence determination proceedings. The disclosure may only be made
during the course of the proceeding.
</p><p>(8) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(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 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 maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(10) 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.
</p><p>(11) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in electronic form on hard drives and when appropriate, in hard
copy for a short time.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by all fields in the database.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department site, and the sites of Department contractors 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.
</p><p>The computer systems employed by the Department and contractors offer a high degree of resistance
to tampering and circumvention. These security systems limit data access to Department and contract
personnel on a "need to know"  basis, and controls individual users' ability to access and alter
records within the system. All users of these systems are given a unique user ID and interactions by
individual users with the system are recorded.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are destroyed after the appropriate revisions are made or after three months,
whichever is sooner.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>System Administrator, Information Resource Center, Intergovernmental and Interagency
Affairs, U.S. Department of Education, Room 5E233, FOB-6, 400 Maryland Avenue, SW, Washington,
DC 20202-0498.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
you should provide the system manager your name, Social Security number, and year of high school
graduation. Your requests for notification must meet the requirements in the Department's Privacy
Act regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, you should contact the system manager
and provide information described in the notification procedure. Your requests for access to a
record must meet the requirements in the Department's Privacy Act regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to change the content of a record in the system of records, you should contact
the system manager with the information described in the notification procedure, identify the
specific item(s) to be changed, and provide a written request for the change. Your request to amend
a record must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.7,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the system are obtained from the event participants as well as
those individuals who have requested information about the events.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-06-05" toc="yes">
<systemNumber>18-06-05</systemNumber>
<subsection type="systemName">Partners in Education.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Deleted
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain information on individuals who have indicated an interest in
receiving information about the White House Initiative, its publications and programs, and ways in
which they can become partners.
</p><p>This system contains records containing an individual's name, title, affiliation, mailing
address, telephone number, fax, e-mail, and representational category (e.g. parents, educators,
schools, school districts, businesses, etc.). The system generated identifier or "key"  will consist
of a combination of numbers and letters and is produced by the system of records automatically.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 13230, 66 FR 52841.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the purposes
of conducting individual, mass, and targeted mailings of White House Initiative program information,
publications, and reports.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching
agreement.
</p><p>(1) Other Agencies and Institutions. The Department may disclose records from the
representational categories to Federal, State, or local agencies if the requested use is intended to
fulfill that Federal, State, or local agency's responsibilities under Executive Order 13230, 66 FR
52841.
</p><p>(2) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the following parties 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity if the agency has agreed to
represent the employee; or
</p><p>(v) The United States if the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) Disclosure to the Department of Justice. 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.
</p><p>(c) Administrative or Judicial Disclosures. If the Department determines that disclosure of
certain records to an adjudicative body before which the Department is authorized to appear, to an
individual, or to an entity designated by the Department or otherwise empowered to mediate or
resolve disputes is relevant and necessary to the litigation, the Department may disclose those
records as a routine use to the adjudicative or judicial body, individual, or entity.
</p><p>(d) Parties, Counsel, Representatives, and Witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative, or witness in an administrative
or judicial proceeding is relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative, or witness.
</p><p>(3) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(4) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research that is compatible with the 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 that is compatible with the purposes
of this system of records. The researcher shall be required to maintain Privacy Act safeguards with
respect to the disclosed records.
</p><p>(5) 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.
</p><p>(6) Freedom of Information Act (FOIA) Advice Disclosure. In the event that the Department deems
it desirable or necessary, in determining whether particular records are required to be disclosed
under the Freedom of Information Act, disclosure may be made to the Department of Justice or the
Office of Management and Budget for the purpose of obtaining their advice.
</p><p>(7) Disclosure to the Department of Justice. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained on a computer and backed up on magnetic tape or other electronic
media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records will be retrieved by name, group, organization, and/or the requestor's regional
location for the purpose of conducting targeted mailings.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The system of records will be secured by permitting only designated individuals within the
White House Initiative program staff access to the database. Furthermore, the designated
individuals' access to personal computers, the network, and the system of records will require
personal identifiers and unique passwords, which will be periodically changed to prevent
unauthorized access. The building in which the system of records is housed is monitored by security
personnel during business and non-business hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The Department will retain and dispose of these records in accordance with National Archives
and Records Administration General Records Schedule 20, Item 14 for electronic mail requests and
General Records Schedule 13, Item 14 for all other requests for information.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Director, White House Initiative on Educational Excellence for Hispanic Americans,
Office of Intergovernmental and Interagency Affairs, U.S. Department of Education, 400 Maryland
Avenue, SW., Room 5E110, Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
provide the system manager with your name, address, phone number, and affiliation. Requests must
meet the requirements of the regulations in 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system, contact the system manager and
provide information as described in the notification procedure. Requests by an individual for access
to a record must meet the requirements of the regulations in 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest a record in the system of records, contact the system manager with
the information described in the notification procedure, identify the specific items you are
contesting, and provide a written justification for each item. Requests to amend a record must meet
the requirements of the regulations in 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from individuals who request, in writing,
verbally, or electronically, to be listed on the system of records in order to receive information.
The individual's affiliation will comprise the representational category. The system generated
identifier or "key"  will consist of a combination numbers and letters and is produced by the system
of records automatically.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-07-01" toc="yes">
<systemNumber>18-07-01</systemNumber>
<subsection type="systemName">Congressional Members' Biographies System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Legislative Affairs Office, Office of the Assistant Secretary for Legislation and
Congressional Affairs, U.S. Department of Education, 400 Maryland Avenue, SW., Room 7E301,
Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records about all members of Congress.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains biographical files on congressional members consisting of the Member's
name, title, state and district he or she represents, date of appointment to Congress, date of
birth, place of birth, educational background, previous employment including political offices,
House or Senate committee assignments, political support scores, how he or she voted on key
education legislation, brief personal background and education interests pertaining to the
Department of Education, names of universities and colleges located in each House member's district,
and a brief description of the district or state in which the Member of Congress represents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>20 U.S.C. 3412(e).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used by the Secretary of Education and any departmental
staff who need background information of a Member of Congress while preparing for hearings and
meetings.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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.  The member's right to
the information is no greater than the right of the individual who requested it.
</p><p>(1) Contact Disclosures.  The Department may disclose records contained in this system to
individuals and entities (including educational institutions) that the Department contacts while
formulating and enforcing education policies.
</p><p>(2)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy individual files stored in standard four-drawer file
cabinets and also in electronic format on a hard drive accessible by staff of the Office for
Legislation and Congressional Affairs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed alphabetically by last name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Files are maintained in the Office of Legislation and Congressional Affairs and requests are
honored on a "need-to-know"  basis only.  All physical access to the Department of Education site,
and the sites of Department contractors 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.
</p><p>The computer system employed by the Department of Education offers a high degree of resistance to
tampering and circumvention.  This security system limits data access to Department of Education 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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are constantly updated as circumstances warrant relative to the activities of
Congress.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Office of Legislation and Congressional Affairs, Legislative Affairs Office, U.S. Department
of Education, 400 Maryland Avenue, SW., Room 7E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
system manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from Congressional Quarterly, Inc., The Almanac of American
Politics, Roll Call Newspapers, on-line biographies and press releases of Members of Congress, and
the Office of Postsecondary Education at the U.S. Department of Education.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-07-02" toc="yes">
<systemNumber>18-07-02</systemNumber>
<subsection type="systemName">Congressional Grant Notification Control System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Congressional Outreach, Office of Legislation and Congressional Affairs, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 7E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The Congressional Grant Notification Control System contains records about members of
Congress.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of direct inquiries and letters of support concerning discretionary
grants from Members of Congress.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to provide responses to inquiries from Members of
Congress regarding discretionary grant notification.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record in
this system of records under 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, under a computer matching agreement.
</p><p>(1)  Inter-Agency Disclosure.  Inquiries that do not pertain to the Department, but fall under
the jurisdiction of another Federal agency, are transferred to that Agency with a request that a
direct response be provided to the correspondent.
</p><p>(2)  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.
</p><p>(3)  Litigation and Alternative Dispute Resolution.
</p><p>(a)  In the event of litigation where one of the parties listed below is involved in litigation
or ADR, the Department may disclose such records as it deems desirable or necessary to the
Department of Justice (DOJ) to enable DOJ to effectively represent such party, provided such
disclosure is compatible with the purpose for which the records were collected.
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee; or
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(iv)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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 used to the DOJ.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose records as a
routine use to the party, counsel, representative or witness.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in hard copy filed in standard file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed alphabetically by grant title.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are kept in the responsible grant notification team member's office.  All physical
access to the Department's site, and the sites of Department contractors 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.
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained for two years.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Congressional Outreach, Office of Legislation and Congressional Affairs, U.S.
Department of Education, 400 Maryland Avenue, SW., Room 7E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
provide the system manager at the above address with the name of the Member of Congress who
corresponded with the Department, the name of the referenced constituent, the grant title, and the
date of the correspondence.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identification.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as the Notification Procedure.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record pertaining to you, contact the system manager
at the address noted above, 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system is provided by the correspondent and by the agency that
prepares the final response.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-08-01" toc="yes">
<systemNumber>18-08-01</systemNumber>
    <subsection type="systemName">
        Complaint Files and Log (18-08-01).
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Office for Civil Rights, U.S. Department of Education, 400 Maryland Ave., SW., Washington, DC 20202-1100.</p>
            <p>See the Appendix at the end of this system notice for additional system locations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Deputy Assistant Secretary for Enforcement, Office for Civil Rights, U.S. Department of Education, 400 Maryland Ave., SW., Washington, DC 20202-1100.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq.; Age Discrimination Act of 1975, 42 U.S.C. 6101, et seq.; Title II of the Americans With Disabilities Act, 42 U.S.C. 12131, et seq.; and the Boy Scouts of America Equal Access Act, 20 U.S.C. 7905.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>The Office for Civil Rights (OCR) uses this system for the following purposes:</p>
            <p>(1) To determine and to document whether there was discrimination against the complainant or others;</p>
            <p>(2) To record the steps taken to resolve a case, which may include investigation and monitoring;</p>
            <p>(3) To store materials gathered, developed, or received during the processing, investigation, and monitoring of a case;</p>
            <p>(4) To document the steps taken to resolve a case;</p>
            <p>(5) To report the status of individual complaints to OCR managers and staff for tracking the progress of individual cases and to provide information used to prepare summaries of case processing activities; and</p>
            <p>(6) To report to Congress, other agencies, and the public to explain or document the work that has been accomplished.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>This system contains information on individuals or groups of individuals who have made civil rights complaints to the Office for Civil Rights.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>This system consists of records relating to complaints to the Office for Civil Rights including:</p>
            <p>(1) Names, addresses, and telephone numbers of complainants, complaint allegations, and results of investigations;</p>
            <p>(2) Correspondence related to the complaint, which may include copies of correspondence sent by OCR to others, correspondence received by OCR, records of telephone conversations, copies of e-mail, or other written communications;</p>
            <p>(3) Investigator and attorney memoranda;</p>
            <p>(4) Interview notes or transcriptions and witness statements;</p>
            <p>(5) Documents gathered during an investigation, including photographs of persons or things, portions of a recipient institution’s records, and complainants’ or other individuals’ educational, medical, or employment records; and</p>
            <p>(6) Charts, prepared exhibits, or other analytical materials prepared by OCR staff or by consultants retained by OCR.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Information in this system of records is obtained from individuals, K-12 schools, postsecondary institutions and programs, and other entities as applicable.  The information is collected from the stated sources via oral interviews, paper forms, web pages, and electronic files.  Information may also be obtained from other individuals or entities from which data is obtained under routine uses set forth below.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.  These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement.</p>
            <p>(1) Disclosure to Congress, Other Agencies, or the Public.  The Department may disclose summary information derived from this system of records to Congress, other agencies, and the public to describe the kinds of work that OCR has done or to document the work that OCR has accomplished.</p>
            <p>(2) Disclosure to Recipients of Federal Financial Assistance, Witnesses, or Consultants.  The Department will release information contained in this system of records to recipients of Federal financial assistance, witnesses, or consultants if it determines that the release would assist OCR in resolving a civil rights complaint or in obtaining additional information or expert advice relevant to the investigation.</p>
            <p>(3) 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, regulations, 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, regulations, or order issued pursuant thereto.</p>
            <p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosures.</p>
            <p>(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 certain records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
            <p>(i) The Department of Education, or any component of the Department; or</p>
            <p>(ii) Any Department employee in his or her official capacity; or</p>
            <p>(iii) Any Department employee in his or her individual capacity if the Department of Justice (DOJ) has been requested to provide or arrange for representation for the employee;</p>
            <p>(iv) Any Department employee in his or her individual capacity if the agency has agreed to represent the employee; or</p>
            <p>(v) The United States if the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p>(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.</p>
            <p>(c) Adjudicative Disclosures.  If the Department or one of its components determines that disclosure of certain records to an adjudicative body before which the Department or one of its components 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.</p>
            <p>(d) Parties, Counsels, Representatives, and Witnesses. If the Department or one of its components determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department or its component may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p>(5) Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or the Office of Management and Budget if the Department determines that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act.</p>
            <p>(6) Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher must agree to maintain safeguards to protect the security and confidentiality with respect to the disclosed records.</p>
            <p>(7) Congressional Member Disclosure.  The Department may disclose information 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.</p>
            <p>(8) 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 shall require the contractor to agree to maintain safeguards to protect the security and confidentiality of the records in the system.</p>
            <p>(9) 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 beach or to prevent, minimize, or remedy such harm.</p>
            <p>(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 (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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>The records in this system are contained in digital storage media and in file folders.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>The records in this system are indexed by and retrievable by any data element in any populated data field, including the name of the complainant, the complaint number, the name of the entity against which the complaint was filed, the basis for the alleged discrimination, and the stage of case processing.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>Records are retained and disposed of in accordance with Department Records Schedule 026: Education Discrimination Case Files (N1-441-08-6).</p>
            <p>Administratively closed education discrimination case files shall be destroyed/deleted 6 years after cutoff.  Cut off for these files occurs at the end of the fiscal year in which the case is closed or, if a Request for Reconsideration (RFR) is received, when the review of the RFR is completed.</p>
            <p>All other education discrimination case files shall be destroyed/deleted 20 years after cutoff.  Cut off for these files occurs at the end of the fiscal year in which the case is closed and monitoring is complete or, if a RFR is received, when the review of the RFR is completed.</p>
            <p>Education discrimination appeals case files shall be destroyed/deleted 20 years after cutoff.  Cut off for these files occurs at the end of the fiscal year in which the appeal is closed.</p>
            <p>Case Management System (CMS) Master Data Files are destroyed/deleted 20 years after cutoff.  Cut off for these files occurs at the end of the fiscal year in which the case is closed and monitoring is complete or, if a RFR is received, when the review of the RFR is completed.</p>
            <p>Significant education discrimination case files shall not be destroyed/deleted by the Department.  With respect to these files, the Department shall transfer non-electronic records to the National Archives and Records Administration (NARA) 10 years after cutoff and electronic records 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.  Cut off for these files occurs at the end of the fiscal year in which the case is closed and monitoring is complete.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>The system is maintained on secure computer servers located in one or more secure Department of Education network server facilities.  OCR staff access information in the system through use of personal computers located in OCR offices.  Data are transmitted among offices on secure servers through the Department of Education’s Secure Wide Area Network.  The Department of Education maintains the servers on which the records are stored in secure locations with controlled access.  Access to OCR offices is controlled and available only to OCR staff and authorized visitors.  Authorized OCR staff access the information system using individual user identifiers and passwords.</p>
            <p>The system also limits data access by type of user and controls users’ ability to alter records within the system.  File folders containing non-digital information in the system are kept in locked storage rooms.  Access to offices in which storage rooms are located is restricted to OCR staff and authorized visitors.</p>

        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>This system is exempted from 5 U.S.C. 552a(e)(4)(H) pursuant to 34 CFR 5b.11(c)(2)(iii).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>This system is exempted from 5 U.S.C. 552a(e)(4)(H) pursuant to 34 CFR 5b.11(c)(2)(iii).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>This system is exempted from 5 U.S.C. 552a(e)(4)(G) pursuant to 34 CFR 5b.11(c)(2)(iii).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>The Secretary of Education has exempted by regulations the Complaint Files and Log record system, which is also exempt from the following provisions of the Privacy Act pursuant to 5 U.S.C. 552(k)(2) (civil enforcement):</p>
            <p>(1) 5 U.S.C. 552a(c)(3), regarding access to an accounting of disclosures of records.</p>
            <p>(2) 5 U.S.C. 552a(d)(1) through (4) and (f), regarding notification of and access to records and correction or amendment of records.</p>
            <p>(3) 5 U.S.C. 552a(e)(4)(G) and (H) regarding inclusion of information in the system notice about procedures for notification, access, and correction of records.</p>
            <p>These exemptions are stated in 34 CFR 5b.11.  As indicated in 34 CFR 5b.11, individuals will be provided with information from a record in this system if any individual is denied any right, privilege, or benefit that he or she would otherwise be entitled to by Federal law, or for which he or she would otherwise be eligible, as a result of the maintenance of that material, except when in accordance with the following provisions of 5 U.S.C. 552a(k)(2):</p>
            <p>(1) Disclosure of the information would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence.</p>
            <p>(2) If information was obtained prior to September 28, 1975, disclosure of the information would reveal the identity of the source under an implied promise that the identity of the source would be held in confidence.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>
                The Complaint Files and Log (18-08-02) system of records notice was published in the Federal Register on June 4, 1999 (64 FR 30106, 30145-30146).  This system of records was merged and consolidated with the system of records entitled "Case Information System" (18-08-01) (64 FR 30106, 30143-30145) on March 15, 2004 (69 FR 12248-12251), and the system was renamed "Complaint Files and Log (18-08-01)."</p>
                <p>
                    <b>Appendix to 18–08–01</b>
                </p>
                <p>
                    <i>ADDITIONAL SYSTEM LOCATIONS:</i>
                </p>
                <p>OCR, Boston Office, 5 Post Office Square, Boston, MA 02109.</p>
                <p>OCR, New York Office, 32 Old Slip, New York, NY 10005.</p>
                <p>OCR, Philadelphia Office, The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107.</p>
                <p>OCR, Chicago Office, Citigroup Center, 500 W. Madison Street, Chicago, IL 60661.</p>
                <p>OCR, Cleveland Office, 1350 Euclid Avenue, Cleveland, OH 44115.</p>
                <p>OCR, Atlanta Office, 61 Forsyth St. SW., Atlanta, GA 30303.</p>
                <p>OCR, Dallas Office, 1999 Bryan Street, Dallas, TX 75201.</p>
                <p>OCR, Kansas City Office, 1010 Walnut Street, Kansas City, MO 64106.</p>
                <p>OCR, Denver Office, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Denver, CO 80204.</p>
                <p>OCR, San Francisco Office, 50 Beale Street, San Francisco, CA 94105.</p>
                <p>OCR, Seattle Office, 915 Second Avenue, Seattle, WA 98174.</p>
            </xhtmlContent></subsection></section>
<section id="ed18-09-01" toc="yes">
<systemNumber>18-09-01</systemNumber>
<subsection type="systemName">Administrative Claims.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW, Room
6E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records about Department employees, recipients of Federal assistance
under Department funded programs, and members of the public who have a claim against the Department
or against whom the Department has a claim under the Federal Torts Claims Act, Military Personnel
and Civilian Employees Claims Act, Federal Claims Collection Act or Act for Waiver of Overpayment of
Pay.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains information that is pertinent to the particular claim being asserted,
including accident reports, hospital records, charges for medical service; certifications of
overpayments, audits of payroll accounts during period of overpayments, earning and leave
statements; claims officers memorandum, final determinations made on claims, identity of debtors and
information pertaining to how debts arose.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Federal Torts Claims Act (28 U.S.C. 2671-2680, 1346(b); Waiver of Overpayment of Pay
Act (5 U.S.C. 5584; Military Personnel and Civilian Employees Claims Act, 31 U.S.C. 240 et seq.;
Federal Claims Collection Act, 31 U.S.C. 951-953.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to adjudicate claims between the U.S. and private
parties.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Program Disclosure.  The Department may disclose information to Federal, State, and local
law enforcement agencies, private individuals, private and public hospitals, allegedly negligent
parties, private attorneys, insurance companies, the United States Attorney and other Federal
officials and agencies, individual law enforcement officers, and tribal officials for the purpose of
investigating, settling, or litigating claims.
</p><p>(2)  Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(3)  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.
</p><p>(4)  Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(5)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated the Department  or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(6)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(7)  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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in legal size files in filing cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records can be retrieved by the name of the non-Government party, whether claimant,
plaintiff, or alleged debtor.  In some instances, these records are retrievable by cross reference
to index cards, containing name of the party involved and the subject matter.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Office buildings in which files are kept are locked after the close of the business day.
These files are only accessible to General Counsel staff.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records are maintained in accordance with the Department of Education Records
Disposition Schedules (ED/RDS).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The General Counsel, Office of the General Counsel, U.S. Department of Education, 400
Maryland Avenue, SW., Room 6E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
system manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system comes from a number of sources including private individuals,
private and public hospitals, doctors, law enforcement agencies and officials, private attorneys,
accident reports, third parties, claimants for beneficiaries and their relatives, other Federal
agencies, State and local governments, agencies and instrumentalities.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-09-02" toc="yes">
<systemNumber>18-09-02</systemNumber>
<subsection type="systemName">OGC Attorney Applicant Files.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW., Room
6E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on current Attorney Applicants for positions in the Office of
the General Counsel.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Attorney Applicant system consists of a variety of records relating to persons applying
for attorney positions. These records contain information about an individual's birth date; home
address; telephone number; Social Security number; educational background (e.g., law schools
attended and grades); past work experience; writing samples furnished on request; recommendations
from past employers and academic officials.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 3301 et seq.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to evaluate the qualifications of those individuals
who apply for attorney positions in the Office of the General Counsel.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(2)  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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders, alphabetized by name, and in some cases the
records are separated by individual law school affiliation and by the date the application is
received.  In some instances records are located in lockable conserva-file cabinets and in a locked
secured room with access limited to those officials whose duties require access.  In other instances
records are maintained in file rooms or with other Office of General Counsel files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrievable by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access is limited to those Department officials whose duties require access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained in accordance with the Department of Education Records
Disposition Schedules (ED/RDS).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The General Counsel, U.S. Department of Education, Office of the General Counsel, 400
Maryland Avenue, SW., Room 6E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
system manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records comes from the individual to whom it applies, law
school officials and past employers.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-09-03" toc="yes">
<systemNumber>18-09-03</systemNumber>
<subsection type="systemName">Employee Conduct--Government Ethics.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Ethics Counsel Division, Office of the General Counsel, U.S. Department of Education, 400
Maryland Avenue, SW., Room 6E231, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains information about current and past Department employees (1) who have
requested and/or received advice or guidance in subject matter areas relating to employee conduct,
or (2) who are required to attend ethics training.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains documents and records not covered by two government-wide executive
branch Privacy Act systems of records of the Office of Government Ethics (OGE): OGE/GOVT-1 and
OGE/GOVT-2. These documents and records may include, but are not limited to, information
relating to acceptance or offer of gifts, entertainment and favors, or outside employment; financial
interests; use of government funds, property, or official information; partisan political activity;
compliance with ethics training requirements; or other matters relating to employee conduct.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 95-521, Ethics in Government Act of 1978; Pub. L. 101-194, Ethics Reform
Act of 1989, as amended; and Executive Orders 12674, 12565, and 11222, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records in this system are maintained in order for the Office of the General Counsel to
provide advice and guidance in subject matter areas relating to employee conduct and to ensure that
employees comply with ethics requirements.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies. May disclose information to any
Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(2)  Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3)  Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction.  In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(5) Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(6) 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.
</p><p>(7) Office of Government Ethics Disclosure. The Department may disclose records to the Office of
Government Ethics if the disclosure is relevant to the Office of Government Ethics' review of the
Department's ethics program or if the Department seeks the advice of the Office of Government Ethics
on matters relating to the Department's ethics program, including, but not limited to, the program's
structure and staffing, education and training, counseling or advice, public financial disclosures,
confidential financial disclosures, outside employment and activities, or post employment.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper records are kept in legal size files in filing cabinets; electronic records are kept
in a database maintained and managed by the Ethics Division of the Office of the General Counsel.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrievable by name in most cases.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are only accessible to staff of the Ethics Division of the Office of General
Counsel. Paper records are kept in filing cabinets that are locked after the close of the business
day, and electronic records are kept only on authorized users' computers, which are password-
protected.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records in this system will be retained and disposed of in accordance with the National
Archives and Records Administration's General Records Schedule (GRS) 25 for Ethics Program Records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Ethics Division, Office of the General Counsel, U.S. Department
of Education, 400 Maryland Avenue, SW, Room 6E231, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the Department of
Education's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
system manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from individuals who request advice and from employees and other
Department records in connection with the administration of the ethics training program.
</p><p>If you wish to contest the content of a record regarding you in the system of records, contact
the system manager.  Your request must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-09-04" toc="yes">
<systemNumber>18-09-04</systemNumber>
<subsection type="systemName">Litigation Files, Administrative Complaints, and Adverse Personnel Actions.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of the General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW., Room
6E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals on whom records are maintained in this system are individuals who are
involved in litigation with the Department or the United States (regarding matters within the
jurisdiction of the Department) either as plaintiffs or as defendants in both civil and criminal
matters, and individuals who either file administrative complaints initiated by the Department,
except claims which are the subjects of records maintained in the Administrative Claims System.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records contain information pertaining to the subject matter of the litigation,
administrative complaint, or adverse personnel action.  Such records would include complaints,
litigation reports, administrative transcripts, various litigation documents, investigative
materials, correspondence, briefs, court orders and judgments, and in cases where personal injury is
involved, evaluations by physician specialists.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The authority for maintaining this system are the various statutes, regulations, rules or
orders pertaining to the subject matter of the litigation, administrative complaint or adverse
personnel action, (e.g., Civil Rights Act, Federal Torts Claim Act).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used for litigating civil cases, criminal cases and
administrative complaints to which the Department or the United States is a party.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure.  In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3) Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(5) Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(6) 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records consist of legal size files stored in file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrievable by name of the plaintiff or the first plaintiff if there is
more than one, or by the name of the first defendant if the plaintiff is the United States.  In the
case of adverse personnel actions, records are retrievable by name of the individual involved.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Office buildings in which these records are maintained are locked after the close of the
business day.  These records are only accessible by General Counsel staff.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are maintained in accordance with the Department of Education Records
Disposition Schedules (ED/RDS).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The General Counsel, Office of the General Counsel, U.S. Department of Education, 400
Maryland Avenue, SW., Room 6E301, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, contact the
system manager.  Your request must meet the requirements regulations at 34 CFR 5b.5, including proof
of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager.  Your request must meet the requirements of the regulations at 34 CFR
5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information for this system is obtained through a number of sources including the
exchange of legal pleadings, documents, formal and informal discovery, program offices and component
agencies, private attorneys, State and local governments, their agencies and instrumentalities, and
officers of other Federal agencies and the individuals involved.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-09-05" toc="yes">
<systemNumber>18-09-05</systemNumber>
<subsection type="systemName">Department of Education Federal Docket Management System (EDFDMS).
</subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>The central location is at the U.S. Environmental Protection Agency, Research Triangle Park, NC 27711–0001. Access is available through the Internet from other locations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Assistant General Counsel, Regulatory Services Division, Office of the General Counsel, U.S. Department of Education, 400  Maryland Avenue, SW., Washington, DC 20202–6110.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>Section 206(d) of the E-Government Act of 2002 (Pub. L. 107–347, 44 U.S.C. 3501 note); 20 U.S.C. 3474; 20 U.S.C. 1221e-3; 5 U.S.C. 301; and 5 U.S.C. 553.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>The purpose of this system of records is to provide the public a central online location to search, view, download, and comment on Federal rulemaking documents.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>Information on individuals who voluntarily provide individually identifying information when submitting a public comment or supporting materials in response to a Department of Education (Department) rulemaking document or notice in the Federal Docket Management System (FDMS) are covered by this system.  Although this system may also contain information on and public comments submitted by representatives of governmental or organizational entities, the purpose for which the Department is establishing this system of records is only to cover individuals protected under the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a(a)(2)).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>The categories of records in the system include:  first name, last name, category (such as parent/relative, student, teacher, local educational agency, or lender), city, country, State or province, email address, organization name, submitter’s representative, government agency type, government agency, additional information provided in the "General Comments" section, and other supporting documentation furnished by the submitter.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Information maintained in this system of records is obtained from anyone who chooses to voluntarily submit a public comment or supporting materials in response to a Department rulemaking document or notice, including individuals and representatives of Federal, State or local governments, businesses, and other organizations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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, under a computer matching agreement.</p>
            <p>(1) Disclosure to the Public.  With few exceptions, the Department may disclose information in EDFDMS to any member of the public.  EDFDMS permits members of the public to search the public comments that are received by the Department and included in FDMS by the name of the individual submitting the comment.  Unless the individual submits a comment anonymously, a full-text search, using the individual’s name, will generally result in the comment and the commenter’s information being displayed for view.  With few exceptions, comments that are submitted using the FDMS system will include any information that the commenter provided when submitting the comment.  In addition, with few exceptions, comments that are submitted in writing and then scanned and uploaded into the FDMS system will include any identifying information about the submitter that is provided in the written comment.  If a commenter provides individually identifying information about a third party, a full-text search using the third party’s name, with some exceptions, will result in the third party’s information being displayed for view.</p>
            <p>
                <i>
                    Note:</i>
                        Identification of an individual commenter or third party is possible only if the commenter voluntarily provides his or her name or contact information, or that of a third party.  If this information is not furnished, the submitted comments or supporting documentation cannot be linked to the commenter or a third party.
                    </p>
            <p>(2) Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose information to any Federal, State, local, or foreign agency, or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity’s jurisdiction.</p>
            <p>(3) 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.</p>
            <p> (4) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
            <p>(a) Introduction.  In the event that one of the parties listed below is involved in judicial or 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), and (d) of this routine use under the conditions specified in those paragraphs:</p>
            <p>(i) The Department or any of its components.</p>
            <p>(ii) Any Department employee in his or her official capacity.</p>
            <p>(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.</p>
            <p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to represent the employee.</p>
            <p>(v) The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p>(b) Disclosure to DOJ.  If the Department determines that disclosure of certain records to DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to DOJ.</p>
            <p>(c) Adjudicative Disclosure.  If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to an individual, or to 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, individual, or entity.</p>
            <p>(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 litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p> (5) 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 the FOIA or the Privacy Act.</p>
            <p>(6) 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 programs covered by this system.</p>
            <p>(7) 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.  Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.</p>
            <p>(8) Congressional Member Disclosure.  The Department may disclose the records of an individual to a member of Congress or the member’s staff 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 the inquiry.</p>
            <p>(9) 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 beach or to prevent, minimize, or remedy such harm.</p>
            <p>(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 (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.</p>
                </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>EDFDMS security protocols meet all required security standards issued by the National Institute of Standards and Technology (NIST).  Records in EDFDMS are maintained in a secure, password protected electronic system that utilizes security hardware and software to include multiple firewalls, active intruder detection, and role-based access controls.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>EDFDMS enables record retrieval by various data elements and key word searches.  These data elements are: document identification number, comment tracking number, document title, Code of Federal Regulation (CFR) (search for a specific title within the CFR), CFR citation (search for the part or parts within the CFR title being searched), document type, document sub type, date posted, and comment period end date.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>The records in this system will be retained and disposed of in accordance with the Department’s Record Schedule ED 253 – Rulemaking Case Files.  Under ED 253 part C, Notices of Proposed Rulemaking, Public Comments, and Negotiated Rulemaking Records, records are temporary.  The date to start the clock for record-keeping purposes is December 31 of the year in which the final rule was published.  Records in this system will be destroyed/deleted five years after publication.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>As discussed above in routine use (1), Disclosure to the Public, any member of the public who accesses FDMS through http://www.regulations.gov and searches the comments associated with the Department’s rulemakings can view EDFDMS records that are included in FDMS.</p>
            <p>To the extent paper records from this system of records are maintained, they will be maintained in a controlled facility where physical entry is restricted by locks, guards, and administrative procedures.</p>
            <p>Access to electronic and paper EDFDMS records that are not otherwise available to the public through FDMS is limited to those Department and contract staff who require the records to perform their official duties consistent with the purposes for which the information was collected. Personnel whose official duties require access to either electronic or written EDFDMS records that are not otherwise available to the public through FDMS are trained in the proper safeguarding and use of the information.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>If you wish to request access to your records, you should contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS.  Requests should contain your full name, address, and telephone number.  Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the regulations in 34 CFR 5b.7, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>If you wish to inquire whether a record exists regarding you in this system, you should contact the system manager at the address listed above.  You must provide your full name, address, and telephone number.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p> The Department of Education Federal Docket Management System (EDFDMS) (18–09–05) system of records was last published in the Federal Register on November 27, 2007 (72 FR 66155).</p>
        </xhtmlContent>
    </subsection>
</section>

<section id="ed18-10-01" toc="yes">
<systemNumber>18-10-01</systemNumber>
    <subsection type="systemName">
        <p>Investigative Files of the Inspector General (18-10-01).</p>
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Office of Inspector General, U.S. Department of Education, 550 12th Street SW, Potomac Center Plaza, Washington, DC 20202-1510.</p>
            <p>AINS, 44470 Chilum Place, Ashburn, VA 20147 (Primary Datacenter), and 1905 Lunt Avenue, Elk Grove, IL 60007 (Alternate Site).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Assistant Inspector General for Investigation Services, Office of Inspector General, U.S. Department of Education, 550 12th Street, SW, Potomac Center Plaza, Washington, DC 20202–1510.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>The Inspector General Act of 1978, as amended, (5 U.S.C. Appendix).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>Pursuant to the Inspector General Act of 1978, as amended, the system is maintained for the purposes of:  (1) conducting and documenting investigations by the Office of Inspector General (OIG) or other investigative agencies regarding Department programs and operations and reporting the results of investigations to other Federal agencies, other public authorities or professional organizations that have the authority to bring criminal prosecutions or civil or administrative actions, or to impose other disciplinary sanctions; (2) documenting the outcome of OIG investigations; (3) maintaining a record of the activities that were the subject of investigations; (4) reporting investigative findings for use in operating and evaluating Department programs or operations and in the imposition of civil or administrative sanctions; (5) maintaining a record of complaints and allegations received relative to Department of Education programs and operations and documenting the outcome of OIG reviews and disposition of those complaints and allegations; (6) coordinating relationships with other Federal agencies, State and local governmental agencies, and nongovernmental entities in matters relating to the statutory responsibilities of the OIG and reporting to such entities on government-wide efforts pursuant to the oversight of Federal funds; (7) acting as a repository and source for information necessary to fulfill the reporting requirements of the Inspector General Act of 1978, as amended, 5 U.S.C. Appendix; (8) reporting on OIG activities to the Council of Inspectors General for Integrity and Efficiency (CIGIE); (9) participating in the investigative qualitative assessment review process requirements of the Homeland Security Act of 2002 (Pub. L. 107–296); and, (10) conducting activities to prevent and detect fraud and abuse in the programs and operations of the Department, including fraud awareness and detection training.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p> Categories of individuals covered by the system include subjects or targets of investigations, witnesses, complainants, victims, current and former employees of the Department and the OIG, and individuals who have any relationship to financial assistance or other educational programs administered by the Department, or to management concerns of the Department, including but not limited to grantees, subgrantees, contractors, subcontractors, program participants, recipients of Federal funds or federally insured funds, and officers, employees, or agents of institutional recipients or program participants.  Complainants, witnesses, and subjects include individuals who are sources of information or have made complaints to the OIG Hotline, individuals who allegedly have knowledge regarding wrongdoing affecting the programs and operations of the Department, and individuals about whom complaints and allegations have been made.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>Categories of records maintained in the system include investigation and hotline complaint files pertaining to violations of criminal laws, fraud, waste, and abuse with respect to the administration of Department programs and operations, and violations of employee Standards of Conduct in 34 CFR part 73.  These files will contain, but will not be limited to:  electronic information including names, addresses, Social Security numbers, dates of birth, and aliases for subjects, targets, witnesses, and victims associated with investigations; reports of interview; evidence obtained by a subpoena, search warrant, or other process; investigative memoranda; requests and approvals for case openings and closings and for the use of special investigative techniques requiring approval by management; and electronic copies of photographs, scanned documents, and electronic media such as audio and video.  The system will store investigation work products, as well as all investigation results, records needed to calculate and report statistical information on investigation efforts, and other tracking information needed to identify trends, patterns, and other indicators of fraud, waste, and abuse within the Department of Education programs and operations. The system will also store records to manage government-issued property and other resources used in investigation activities.</p>
            <p>Specific data related to complaints may also include, but is not limited to, name, address, and contact information (if available) of the complainant, the date the complaint was received, the affected program area, the nature and subject of the complaint, and any additional contacts and specific comments provided by the complainant. In addition, information on the OIG disposition of the complaint is included in the system.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p> Information in this system comes from Departmental and other Federal, State, and local government records; interviews of witnesses; recipients and subjects of subpoenas, search warrants or other processes; and documents and other material furnished by nongovernmental sources.  Sources may include complainants and confidential sources.  Complainants may include, but are not limited to, current and former employees of the Department, employees of other Federal agencies, employees of State and local agencies, private individuals, and officers and employees of non-governmental organizations that are involved with Department programs, contracts, or funds or have knowledge about Department programs, contracts, or funds.  Information in this system also may be obtained from other persons or entities from which data is obtained under routine uses set forth below.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>The OIG may disclose information contained in a record in this system of records under the routine uses listed in this system of records notice without the consent of the individual if the disclosure is compatible with the purpose for which the record was collected.  The OIG may make these disclosures on a case-by-case basis or, through a computerized comparison of records authorized by Section 6(j) of the Inspector General Act of 1978, as amended.  As specified, disclosures may also be made by the Department.</p>
            <p> (1)  Disclosure for Use by Other Law Enforcement Agencies.  The OIG may disclose information from this system of records as a routine use to any Federal, State, local, foreign agency, or other public authority responsible for enforcing, investigating, prosecuting, overseeing, or assisting in the enforcement, investigation, prosecution, or oversight of, violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, prosecutorial, or oversight responsibility of the Department or of the receiving entity.</p>
            <p> (2)  Disclosure to Public and Private Entities to Obtain Information Relevant to Department of Education Functions and Duties.  The OIG may disclose records to public or private sources to the extent reasonably deemed necessary to obtain information from those sources relevant to an OIG investigation, audit, inspection, or other inquiry.</p>
            <p> (3)  Employment, Benefit, and Contracting Disclosure.</p>
            <p> (a)  For Decisions by the Department.  The OIG may disclose a record to a Federal, State, local, or foreign 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 or retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant, or other benefit.</p>
            <p> (b)  For Decisions by Other Public Agencies and Professional Organizations.  The OIG may disclose a record to a Federal, State, local, or foreign agency, other public authority, or professional organization, in connection with the hiring or retention of an employee or other personnel action, the issuance or retention of a security clearance, the letting of a contract, or the issuance or retention 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.</p>
            <p> (4)  Disclosure to Public and Private Entities in Connection with the Higher Education Act of 1965, as Amended (HEA).  The OIG may disclose records to facilitate compliance with program requirements to any accrediting agency that is or was recognized by the Secretary of Education pursuant to the HEA; to any educational institution or school that is or was a party to an agreement with the Secretary of Education pursuant to the HEA; to any guaranty agency that is or was a party to an agreement with the Secretary of Education pursuant to the HEA; or to any agency that is or was charged with licensing or legally authorizing the operation of any educational institution or school that was eligible, is currently eligible, or may become eligible to participate in any program of Federal student assistance authorized by the HEA.</p>
            <p> (5)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
            <p> (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 OIG or 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:</p>
            <p> (i)  The Department, or any of its components;</p>
            <p> (ii)  Any Department employee in his or her official capacity;</p>
            <p> (iii)  Any employee in his or her individual capacity where the Department of Justice (DOJ) agrees or has been requested to provide or arrange for representation for the employee; or</p>
            <p> (iv)  Any Department employee in his or her individual capacity where the agency has agreed to represent the employee; or</p>
            <p> (v)  The United States, where the Department determines that the judicial or administrative litigation is likely to affect the Department or any of its components.</p>
            <p>(b)  Disclosure to the DOJ.  If the OIG determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the OIG or the Department may disclose those records as a routine use to the DOJ.</p>
            <p>(c)  Adjudicative Disclosure.  If the OIG 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 OIG or the Department may disclose those records as a routine use to the adjudicative body, person, or entity.</p>
            <p>(d)  Disclosure to Parties, Counsels, Representatives, or Witnesses.  If the OIG determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the OIG or the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p> (6)  Disclosure to Contractors.  If the OIG contracts with an entity to perform any function or analysis that facilitates or is relevant to an OIG investigation, audit, inspection, or other inquiry, the OIG may disclose the records to those contractors.  As part of such a contract, the OIG or the Department shall require the contractor to maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
            <p> (7)  Debarment and Suspension Disclosure.  The OIG may disclose records to another Federal agency considering suspension or debarment action if the information is relevant to the suspension or debarment action.  The OIG also may disclose information to another agency to gain information in support of the Department’s own debarment and suspension actions.</p>
            <p> (8)  Disclosure to the Department of Justice (DOJ).   The OIG may disclose information from this system of records as a routine use to the DOJ to the extent necessary for obtaining the DOJ’s advice on any matter relevant to Department programs or operations.</p>
            <p> (9)  Congressional Member Disclosure.  The OIG may disclose records to a Member of Congress in response to an inquiry from the Member made at the written request of that individual whose records are being disclosed.  The Member’s right to the information is no greater than the right of the individual who requested it.</p>
            <p> (10)  Benefit Program Disclosure.  The OIG may disclose records to any Federal, State, local, or foreign agency, or other public authority, if relevant to the prevention or detection of fraud and abuse in benefit programs administered by any agency or public authority.</p>
            <p> (11)  Overpayment Disclosure.  The OIG may disclose records to any Federal, State, local, or foreign agency, or other public authority, if relevant to the collection of debts and overpayments owed to any agency or public authority.</p>
            <p> (12)  Disclosure to the Council of the Inspectors General on Integrity and Efficiency (CIGIE).  The OIG may disclose records to members and employees of the CIGIE for the preparation of reports to the President and Congress on the activities of the Inspectors General.</p>
            <p> (13)  Disclosure for Qualitative Assessment Reviews. The OIG may disclose records to members of the CIGIE, the DOJ, the U.S. Marshals Service, or any Federal agency for the purpose of conducting qualitative assessment reviews of the investigative operations of the</p>
            <p>OIG to ensure that adequate internal safeguards and management procedures are maintained.</p>
            <p> (14)  Disclosure to Federal Entities Responsible for Oversight of Federal Funds.  The OIG may disclose records to any Federal agency, entity, or board responsible for coordinating and conducting oversight of Federal funds, in order to prevent fraud, waste, and abuse related to Federal funds, or for assisting in the enforcement, investigation, prosecution, or oversight of violations of administrative, civil, or criminal law or regulation, if that information is relevant to any enforcement, regulatory, investigative, prosecutorial, or oversight responsibility of the Department or of the receiving entity.</p>
            <p> (15)  Disclosure in the Course of Responding to Breach of Data.  The OIG may disclose records from this system to appropriate agencies, entities, and persons when:  (a) the OIG or the Department suspects or has confirmed that there has been a breach of the system of records; (b) the OIG or 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 OIG or the Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
            <p> (16)  Disclosure in Assisting another Agency in Responding to a Breach of Data.  The OIG may disclose records from this system to another Federal agency or Federal entity, when the OIG or 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.</p>
            <p> (17)  Whistleblower Reprisal Disclosure.  The OIG may disclose records to a complainant alleging whistleblower reprisal, or to a public or private entity that employs or employed the complainant and that, at the time of the alleged reprisal, was a grantee, subgrantee, contractor, or subcontractor of the Department to the extent necessary to fulfill the whistleblower reprisal investigation reporting requirements of 41 U.S.C § 4712(b)(1), or any other whistleblower reprisal law requiring a disclosure to a complainant or to a public or private entity that employs or employed the complainant.</p>
            <p> (18)  Fraud Awareness and Prevention Disclosure.  The OIG may disclose records to participants in programs of the Department and any public or private agency responsible for oversight of the participants in order to conduct activities authorized by Section 4(a)(3) of the Inspector General Act of 1978, as amended, to prevent and detect fraud and abuse in the programs and operations of the Department, including fraud awareness and detection training.</p>
            <p> (19)  Victim Assistance.  A record from the system of records may be disclosed to complainants, victims, or alleged victims to provide such persons with information and explanations concerning the progress or results of the investigation or case arising from the matters about which they complained and/or in which they may have been a victim.</p>
            <p> (20)  Disclosure to Former Employees Pursuant to 5 U.S.C. 3322.  The OIG may disclose records to a former employee of the Department when an adverse finding is made after the employee, who was the subject of a personnel investigation, resigned from Federal service prior to the resolution of a personnel investigation to the extent necessary to fulfill the requirements of 5 U.S.C. 3322.  Pursuant to 5 U.S.C. 3322, the Department must make a permanent notation in the employee's official personnel record file after providing notice of the adverse finding and any supporting documentation.</p>
            </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Electronic records are stored on a Web-based computer system with security requirements as required by law.  Hard-copy records are maintained in secure rooms, in security-type safes, or in secure cabinets, all in restricted access space.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p> The records are retrieved by manual or computer search of alphabetical indices or cross-indices.  Indices list names, Social Security numbers, dates of birth, and other personal information of individuals.  Indices also list names of companies and organizations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>Investigative files are retained and disposed of in accordance with ED Records Schedule 218, "Investigation Records of the Inspector General" (N1-441-02-1, Items 2a, 2b, and 2c).  Investigative files developed during investigations of known or alleged fraud, abuse, and irregularities or violations of laws and regulations are destroyed 10 years after cut off.  Investigative files not relating to a specific investigation are destroyed 5 years after cut off.  ("Cut off" occurs at the end of the fiscal year in which the case is closed.)</p>
            <p> Hotline complaint files are retained and disposed of in accordance with ED Records Schedule 217, "Hotline Records of the Inspector General" (N1-441-02-1, Items 3a, 3b, and 3c).  Hotline complaint files are destroyed 5 years after cut off.  ("Cut off" occurs at the end of the fiscal year in which the complaint is resolved.)</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>Access to records is limited to authorized personnel only.  All physical access to the Department’s sites, and to the sites of the Department’s contractor (Primary Datacenter) and subcontractor (Alternate Site), where this system of records is maintained, is controlled and monitored by security personnel.</p>
            <p>Electronic records are maintained on computer databases that are compliant with FedRAMP baseline security controls as described in the System Security Plan required by FedRAMP to meet the Federal Information Security Modernization Act (FISMA) compliance mandate.  All security for the system is maintained in accordance with Moderate data sensitivity controls.  An individual’s ability to access and alter the records is limited to a "need to know" basis and authorized log-on codes and passwords prevent unauthorized users from gaining access to data and system resources.</p>
            <p>Hard copy records are maintained in secure rooms, in security-type safes, or in secure cabinets, all in restricted access spaces.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>See "EXEMPTIONS PROMULGATED FOR THE SYSTEM."  As provided in 34 CFR 5b.11(b)(3), (c)(1)(ii), and (f), the record access procedures are not applicable to criminal investigative files except at the discretion of the Inspector General.  To the extent that the procedures may apply to criminal investigative files, they are subject to the conditions set forth at 34 CFR 5b.11(b)(3).  The record access procedures are applicable to non-criminal investigative files subject to the conditions set forth at 34 CFR 5b.11(c)(1)(ii) and (f).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>See "EXEMPTIONS PROMULGATED FOR THE SYSTEM."  As provided in 34 CFR 5b.11(b)(3) and (c)(1)(ii), the procedures for correction or amendment of records are not applicable to criminal and non-criminal investigative files.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>See "EXEMPTIONS PROMULGATED FOR THE SYSTEM."  As provided in 34 CFR 5b.11(b)(3), (c)(1)(ii), and (f), the record access procedures are not applicable to criminal investigative files except at the discretion of the Inspector General.  To the extent that the procedures may apply to criminal investigative files, they are subject to the conditions set forth at 34 CFR 5b.11(b)(3).  The record access procedures are applicable to non-criminal investigative files subject to the conditions set forth at 34 CFR 5b.11(c)(1)(ii) and (f).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>See "EXEMPTIONS PROMULGATED FOR THE SYSTEM."  As provided in 34 CFR 5b.11(b)(3) and (c)(1)(ii), the procedures for correction or amendment of records are not applicable to criminal and non-criminal investigative files.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>See "EXEMPTIONS PROMULGATED FOR THE SYSTEM."  As provided in 34 CFR 5b.11(b)(3), (c)(1)(ii), and (f), the notification procedures are not applicable to criminal investigative files except at the discretion of the Inspector General.  To the extent that the procedures may apply to criminal investigative files, they are subject to the conditions set forth at 34 CFR 5b.11(b)(3).  The notification procedures are applicable to non-criminal investigative files subject to the conditions set forth at 34 CFR 5b.11(c)(1)(ii) and (f).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>Pursuant to the general authority in the Privacy Act in 5 U.S.C. 552a(j)(2) (criminal investigative/enforcement files), the Secretary of Education has by regulations exempted the "Investigative Files of the Inspector General" system of records from the following subsections of the Privacy Act:</p>
            <p>5 U.S.C. 552a(c)(3)—access to accounting of disclosure.</p>
            <p>5 U.S.C. 552a(c)(4)—notification to outside parties and agencies of correction or notation of dispute made in accordance with 5 U.S.C. 552a(d).</p>
            <p>5 U.S.C. 552a(d)(1) through (4) and (f)—procedures for notification or access to, and correction or amendment of, records.</p>
            <p>5 U.S.C. 552a(e)(1)—maintenance of only relevant and necessary information.</p>
            <p>5 U.S.C. 552a(e)(2)—collection of information from the subject individual to the greatest extent practicable.</p>
            <p>5 U.S.C. 552a(e)(3)—notice to an individual who is asked to provide information to the Department.</p>
            <p>5 U.S.C. 552a(e)(4)(G) and (H)—inclusion of information in the system of records notice regarding Department procedures on notification of, access to, correction of, or amendment of records.</p>
            <p>5 U.S.C. 552a(e)(5)—maintenance of records with requisite accuracy, relevance, timeliness, and completeness.</p>
            <p>5 U.S.C. 552a(e)(8)—service of notice on individual if a record is made available under compulsory legal process if that process becomes a matter of public record.</p>
            <p>5 U.S.C. 552a(g)—civil remedies for violation of the Privacy Act.</p>
            <p> Pursuant to the general authority in the Privacy Act in 5 U.S.C. 552a(k)(2) (civil investigative files), the Secretary of Education has by regulations exempted the "Investigative Files of the Inspector General" system of records from the following subsections of the Privacy Act:</p>
            <p>5 U.S.C. 552a(c)(3)—access to accounting of disclosure.</p>
            <p>5 U.S.C. 552a(d)(1) through (4) and (f)—procedures for notification or access to, and correction or amendment of, records.</p>
            <p>5 U.S.C. 552a(e)(1)—maintenance of only relevant and necessary information.</p>
            <p>5 U.S.C. 552a(e)(4)(G) and (H)—inclusion of information in the system of records notice regarding Department procedures on notification of, access to, correction of, or amendment of records.</p>
            <p> These exemptions are stated in 34 CFR 5b.11.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p> The system of records notice entitled "Investigative Files of the Inspector General" (18-10-01) was published in full in the Federal Register on June 4, 1999 (64 FR 30151-30153), corrected on December 27, 1999 (64 FR 72406), corrected on January 30, 2002 (67 FR 4415-4417), altered on June 26, 2003 (68 FR 38153-38158), altered on June 14, 2010 (75 FR 33608-33610), and most recently altered on August 20, 2012 (77 FR 50091-50092).</p>

            <p>
                <b>Appendix to 18–10–01</b>
            </p>
            <p>
                <i>Additional System Locations:</i>
            </p>
            <p>Office of Inspector General, U.S. Department of Education, 2700 N. Central, Suite 300, Phoenix, AZ 85004.</p>
            <p>Office of Inspector General, U.S. Department of Education, One World Trade Center, Suite 2300, Long Beach, CA 90831–0023.</p>
            <p>Office of Inspector General, U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 604A, Denver, CO 80204–3582.</p>
            <p>Office of Inspector General, U.S. Department of Education, 9050 Pines Blvd, Suite 270, Pembroke Pines, FL 33024.</p>
            <p>Office of Inspector General, U.S. Department of Education, Atlanta Federal Center, 61 Forsyth Street, Room 19T71, Atlanta, GA 30303–3104.</p>
            <p>Office of Inspector General, U.S. Department of Education, 230 S. Dearborn Street, Suite 3964, Chicago, IL 60604.</p>
            <p>Office of Inspector General, U.S. Department of Education, J.W. McCormack Post Office and Courthouse, 5 Post Office Square, 8th Floor, Boston, MA 02109.</p>
            <p>Office of Inspector General, U.S. Department of Education, 339 East Liberty Street, Suite 310, Ann Arbor, MI 48104.</p>
            <p>Office of Inspector General, U.S. Department of Education, 1010 Walnut Street, Suite 410, Kansas City, MO 64104.</p>
            <p>Office of Inspector General, U.S. Department of Education, 32 Old Slip, 26th Floor, New York, NY 10005–2500.</p>
            <p>Office of Inspector General, U.S. Department of Education, The Wanamaker Building, 100 Penn Square East, Suite 502, Philadelphia, PA 19107–3323.</p>
            <p>Office of Inspector General, U.S. Department of Education, 1000 Liberty Avenue, Room 1503, Pittsburgh, PA 15222–4004.</p>
            <p>Office of Inspector General, U.S. Department of Education, Federal Building and Courthouse, 150 Carlos Chardón Street, Room 747, San Juan, PR 00918–1721.</p>
            <p>Office of Inspector General, U.S. Department of Education, 350 Carlos Chardón Street, Suite 235, San Juan, PR 00918.</p>
            <p>Office of Inspector General, U.S. Department of Education, 801 Broadway, Suite C 362, Nashville, TN 37203.</p>
            <p>Office of Inspector General, U.S. Department of Education, 1201 Elm Street, Suite 1090, Dallas, TX 75270.</p>
        </xhtmlContent></subsection></section>
<section id="ed18-10-02" toc="yes">
<systemNumber>18-10-02</systemNumber>
<subsection type="systemName">The Office of Inspector General Data Analytics System (ODAS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The Office of Inspector General, Information Technology Audits and Computer Crimes
Investigations (ITACCI), U.S. Department of Education, 550 12th Street, SW., room 8089, Washington,
DC 20024-6122.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system will include records on individuals that are obtained from the following other
systems of records maintained by the Department:
</p><p><i>Education Central Automated Processing System (18-03-02)</i>
</p><p>The categories of individuals included from this system are employees of the Department,
consultants, contractors, grantees, advisory committee members, and other individuals receiving
funds from the Department for performing services for the Department.
</p><p><i>Federal Student Aid Application File (18-11-01)</i>
</p><p>The categories of individuals included from this system are students applying for Federal student
financial assistance under Title IV of the Higher Education Act of 1965, as amended (HEA).
</p><p><i>Recipient Financial Management System (the Department soon expects to amend this system and
re-name it as the Common Origination and Disbursement System (COD)) (18-11-02)</i>
</p><p>The categories of individuals included from this system are records of individuals who apply for
or receive a grant or loan which is made under (1) the Federal Pell Grant Program; (2) the Academic
Competitiveness Grant (ACG) Program; (3) the National Science and Mathematics Access to Retain
Talent Grant (National SMART Grant) Program; and (4) the William D. Ford Federal Direct Loan (Direct
Loan) Program, Federal Direct Unsubsidized and Subsidized Stafford/Ford Loans, and Federal Direct
PLUS Loans.
</p><p><i>Title IV Program Files (18-11-05)</i>
</p><p>The categories of individuals included from this system are: individuals who apply for Federal
financial student aid; recipients of Federal Pell Grants; recipients of Federal Direct Student
Loans; and borrowers whose loan defaulted or borrower died, became disabled or had a loan discharged
in bankruptcy under the Federal Direct Student Loan program.
</p><p><i>National Student Loan Data System (NSLDS) (18-11-06)</i>
</p><p>The categories of individuals included from this system are:
</p><p>(1) Borrowers who have applied for and received loans under the William D. Ford Federal Direct
Loan Program, the Federal Family Education Loan (FFEL) Program, the Federal Insured Student Loan
(FISL) Program, and the Federal Perkins Loan Program (including National Defense Student Loans,
National Direct Student Loans, Perkins Expanded Lending and Income Contingent Loans); and
</p><p>(2) Recipients of Federal Pell Grants and persons who owe an overpayment on a Federal Pell Grant,
Federal Supplemental Educational Opportunity Grant or Federal Perkins Loans.
</p><p><i>Student Financial Assistance Collection Files (18-11-07)</i>
</p><p>The categories of individuals included from this system are individuals who have student loans
made under the FFEL Program: Stafford Loans (formerly the Guaranteed Student Loan Program (GSL),
including Federally Insured Student Loans), Supplemental Loans for Students (SLS), PLUS Loans
(formerly Parental Loans for Undergraduate Students), and Consolidation Loans; the William D. Ford
Federal Direct Student Loan (Direct Loan) Program (formerly known as the Stafford/Ford Loan Program
(SFLP), Federal Direct Unsubsidized Stafford/Ford Loan Program, Federal Direct Consolidation Loan,
and Federal Direct Plus Loans; and Federal Perkins Loans (formerly known as National Direct/Defense
Student Loans (NDSL)) and those who are awarded grants under the Federal Pell Grant Program and the
Supplemental Education Opportunity Grant Program (SEOG).
</p><p><i>Postsecondary Education Participants System (PEPS) (18-11-09)</i>
</p><p>The categories of individuals included from this system are owners (individuals, either solely or
as partners, and corporate entities), officials, and authorized agents of postsecondary
institutions; members of boards of directors or trustees of such institutions; employees of foreign
entities that evaluate the quality of education; third-party servicers, including contact persons.
</p><p><i>Department of Education (ED) PIN (Personal Identification Number) (18-11-12)</i>
</p><p>The categories of individuals included from this system are former, current and prospective
students and parents who apply for an ED PIN number. The ED PIN number is used for identification
purposes when PIN holders access other Department systems, including the Free Application for
Federal Student Aid (FAFSA), Access America and the Direct Loan Program.
</p><p><i>Student Authentication Network Audit File (18-11-13)</i>
</p><p>The categories of individuals included from this system are individuals who have had, or
attempted to have, their identity verified for the purpose of electronically completing and signing
promissory notes and other documents in connection with applying for or obtaining aid, or carrying
out other activities under the Student Financial Assistance Programs authorized by Title IV of the
Higher Education Act of 1965, as amended.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system will include records that are obtained from the following other systems of
records maintained by the Department:
</p><p><i>Education's Central Automated Processing System (18-03-02)</i>
</p><p>The categories of records included from this system are individual's name, address, social
security number, eligibility codes, detailed and summary obligation data, reports of expenditures,
and grant management data, including application and close out information.
</p><p><i>Federal Student Aid Application File (18-11-01)</i>
</p><p>The categories of records included from this system are the name, address, birth date, social
security number, parents' and students' personal identification numbers assigned by the Department,
and financial data necessary to identify applicants, verify applicant data, and calculate their
expected family contributions for Federal student financial assistance. Also included from this
system will be information on the student's prior Federal Pell Grant awards and student loan status
from the NSLDS database is maintained in the system. Finally, included from this system will be
information from an individual's processed FAFSA form, such as Estimated Family Contribution,
dependency status and post-secondary school identifier.
</p><p><i>Recipient Financial Management System (the Department expects to amend this system soon and
re-name it as the Common Origination and Disbursement System (COD)) (18-11-02)</i>
</p><p>The categories of records included from this system are records that are sent by institutions of
higher education to the Department, and that include, but are not limited to, information such as an
individual's social security number, birth date, name, address, e-mail address, driver's license
number, telephone number, citizenship status, cost of attendance, enrollment information, type of
financial aid award, and the amount and disbursement date of Federal financial aid awarded. In
addition, this system contains collection referral amounts, loan repayment information, and
promissory notes for loans made under the Federal Direct Loan program.
</p><p><i>Title IV Program Files (18-11-05)</i>
</p><p>The categories of records included from this system are records regarding the amount of Pell
Grant received; an applicant's demographic background; loan and education status; family income;
social security number; address and telephone number; and employment information on borrowers and
co-signers; default claim number; amount of claim; information pertaining to locating a borrower;
collection and repayment history; information pertaining to the amount of the loan and repayment
obligation; forbearance; cancellation; disability; and deferment information; and personal
identification numbers assigned by the Department.
</p><p><i>National Student Loan Data System (NSLDS) (18-11-06)</i>
</p><p>The categories of records included from this system are records regarding: (1) Student/borrower
identifier information including social security number, date of birth and name; (2) the information
on borrowers' loans covering the entire life cycle of a loan from origination through final payment,
cancellation, discharge or other final disposition including details regarding each loan received by
a student such as information on loan amounts, educational status, disbursements, balances, loan
status, collections, claims, deferments, refunds and cancellations; (3) enrollment information
including school(s) attended, anticipated completion date, enrollment status and effective dates;
(4) student demographic information such as course of study, dependency, citizenship, gender, data
on family income, expected family contribution, and address; (5) Federal Pell Grant amounts and
dates; and (6) Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, and Federal
Perkins Loan Program overpayments.
</p><p><i>Student Financial Assistance Collection Files (18-11-07)</i>
</p><p>The categories of records included from this system are records regarding an applicant's
demographic background; loan, repayment history, and educational status; family income; social
security number; address and telephone numbers; employment information on borrowers and co-signers;
collection activity on accounts; default claim number; amount of claim; information pertaining to
locating a borrower; collection and repayment obligation; forbearance; cancellation; disability;
deferment; administrative wage garnishment; bankruptcy, death; closed school discharge; hearings;
photocopy of all promissory notes; account collection records; administrative resolutions and
litigations; and parents' and students' personal identification numbers assigned by the Department.
</p><p><i>Postsecondary Education Participants System (PEPS) (18-11-09)</i>
</p><p>The categories of records included from this system are records regarding the eligibility,
administrative capability, and financial responsibility of postsecondary institutions and programs that
participate in the student financial aid programs, including the names, taxpayer identification
numbers (social security numbers), business addresses, and phone numbers of the individuals with
substantial ownership interests in, or control over, those institutions, and personal identification
numbers assigned by the Department.
</p><p><i>The Department of Education (ED) PIN (Personal Identification Number) Registration System
(PIN) (18-11-12)</i>
</p><p>The categories of records included from this system are name, social security number, date of
birth and address of prospective students and parents who apply for an ED PIN number.
</p><p><i>Student Authentication Network Audit File (18-11-13)</i>
</p><p>The categories of records included from this system are related to individuals seeking to have
their identity verified for the purpose of electronically completing and signing promissory notes
and other documents in connection with applying for or obtaining aid. Records include the
individual's social security number; date of birth; first and last name; user code (i.e., the
Department, lenders, schools, guarantee agencies and holders of Federal student loans) identifying
the entity seeking to verify the individual's identity; data provided by the user that may
subsequently be used for auditing or other internal purposes of the user); an action code
documenting the "affirmed" or "denied" verification response the system
receives from the Department's PIN database; a unique identifier comprising a system-generated
sequence number; and, the date and time the individual's identity is authenticated against the
Department's PIN database.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Inspector General Act of 1978, as amended, (5 U.S.C. Appendix).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained for purposes of: (1) Enabling the Office of Inspector
General (OIG) to fulfill the requirements of section (4)(a)(1), (3), and (4) of the Inspector
General Act of 1978, as amended, which require OIG to provide policy direction for and to conduct,
supervise, and coordinate audits and investigations relating to the programs and operations of the
Department; to conduct, supervise and coordinate activities for the purpose of promoting economy and
efficiency in the administration of, or preventing and detecting fraud, and abuse in, the programs
and operations of the Department; and to conduct, supervise, or coordinate relationships between
other Federal, State, and local agencies with respect to matters relating to economy and efficiency,
or the prevention and detection of fraud, and abuse in programs and operations of the Department or
the identification and prosecution of participants in such fraud, or abuse; (2) improving the
efficiency, quality, and accuracy of existing data collected by the Department; (3) conducting data
modeling for indications of fraud, waste, and abuse, and internal control weaknesses concerning
Department programs and operations, the results of which may be used in the conduct of audits,
investigations, inspections, or other activities as necessary to promote economy and efficiency and
to prevent and detect fraud, waste, and abuse in Department programs and operations; and (4)
coordinating relationships with other Federal, State, local, or foreign agencies or other public
authorities responsible for assisting in the investigation, prosecution, oversight, or enforcement
of violations of administrative, civil, or criminal law or regulations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record 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, under the following routine uses. OIG may make these disclosures on a case-by-
case basis or, if OIG has met the requirements of the Computer Matching and Privacy Protection Act
of 1988, as amended, under a computer matching agreement.
</p><p>(1) <i>Disclosure for Use by Other Law Enforcement Agencies.</i> The Department may disclose
information from this system of records as a routine use to any Federal, State, local, foreign
agency, or other public authority responsible for enforcing, investigating, prosecuting, overseeing,
or assisting in the enforcement, investigation, prosecution, or oversight of, violations of
administrative, civil, or criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, prosecutorial, or oversight responsibility of the Department
or of the receiving entity.
</p><p>(2) <i>Disclosure to Public and Private Entities to Obtain Information Relevant to Department of
Education Functions and Duties.</i> The Department may disclose information from this system of
records as a routine use to public or private sources to the extent necessary to obtain information
from those sources relevant to an OIG investigation, audit, inspection, or other inquiry.
</p><p>(3) <i>Disclosure for Use in Employment, Employee Benefit, Security Clearance, and Contracting
Decisions.</i>
</p><p>(a) <i>For Decisions by the Department.</i> The Department may disclose information from this
system of records as a routine use to a Federal, State, local, or foreign 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 or
retention of a security clearance, the letting of a contract, or the issuance or retention of a
license, grant, or other benefit.
</p><p>(b) <i>For Decisions by Other Public Agencies and Professional Organizations.</i> The Department
may disclose information from this system of records as a routine use to a Federal, State, local, or
foreign agency, other public authority, or professional organization in connection with the hiring
or retention of an employee or other personnel action, the issuance or retention of a security
clearance, the letting of a contract, or the issuance or retention of a license, grant, or other
benefit.
</p><p>(4) <i>Disclosure to Public and Private Sources in Connection with the Higher Education Act of
1965, as Amended (HEA).</i> The Department may disclose information from this system of records as a
routine use to facilitate compliance with program requirements to any accrediting agency that is or
was recognized by the Secretary of Education pursuant to the HEA; to any educational institution or
school that is or was a party to an agreement with the Secretary of Education pursuant to the HEA;
to any guaranty agency that is or was a party to an agreement with the Secretary of Education
pursuant to the HEA; or to any agency that is or was charged with licensing or legally authorizing
the operation of any educational institution or school that was eligible, is currently eligible, or
may become eligible to participate in any program of Federal student assistance authorized by the
HEA.
</p><p>(5) <i>Litigation and Alternative Dispute Resolution (ADR) Disclosures.</i>
</p><p>(a) <i>Disclosure to the Department of Justice.</i> If the disclosure of certain records to the
Department of Justice (DOJ) is relevant and necessary to litigation or ADR and is compatible with
the purpose for which the records were collected, the Department may disclose those records as a
routine use to the DOJ. The Department may make such a disclosure in the event that one of the
following parties is involved in the litigation or ADR or has an interest in the litigation or ADR:
</p><p>(i) The Department or any component of the Department;
</p><p>(ii) Any employee of the Department in his or her official capacity;
</p><p>(iii) Any Department employee in his or her individual capacity if the DOJ has been asked or has
agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any employee of the Department in his or her individual capacity if the Department has
agreed to represent the employee or in connection with a request for that representation; or
</p><p>(v) The United States, if the Department determines that the litigation or ADR proceeding is
likely to affect the Department or any of its components.
</p><p>(b) <i>Other Litigation or ADR Disclosure.</i> If disclosure of certain records to a court,
adjudicative body before which the Department is authorized to appear, individual or entity
designated by the Department or otherwise empowered to resolve disputes, counsel, or other
representative, party, or potential witness is relevant and necessary to litigation or ADR and is
compatible with the purpose for which the records were collected, the Department may disclose those
records as a routine use to the court, adjudicative body, individual or entity, counsel or other
representative, party, or potential witness. The Department may make such a disclosure in the event
that one of the following parties is involved in the litigation or ADR or has an interest in the
litigation or ADR:
</p><p>(i) The Department or any component of the Department;
</p><p>(ii) Any employee of the Department in his or her official capacity;
</p><p>(iii) Any Department employee in his or her individual capacity if the DOJ has been asked or has
agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any employee of the Department in his or her individual capacity if the Department has
agreed to represent the employee; or
</p><p>(v) The United States, if the Department determines that the litigation or ADR is likely to
affect the Department or any of its components.
</p><p>(6) <i>Disclosure to Contractors and Consultants.</i> The Department may disclose information
from this system of records as a routine use to the employees of any entity or individual with whom
or with which the Department contracts for the purpose of performing any functions or analyses that
facilitate or are relevant to an OIG investigation, audit, inspection, or other inquiry. Before
entering into such a contract, the Department must require the contractor to maintain Privacy Act
safeguards, as required under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(7) <i>Debarment and Suspension Disclosure.</i> The Department may disclose information from this
system of records as a routine use to another Federal agency considering suspension or debarment
action if the information is relevant to the suspension or debarment action. The Department also may
disclose information to any Federal, State, or local agency to gain information in support of the
Department's own debarment and suspension actions.
</p><p>(8) <i>Disclosure to the Department of Justice.</i> The Department may disclose information from
this system of records as a routine use to the DOJ to the extent necessary for obtaining the DOJ's
advice on any matter relevant to Department of Education programs or operations.
</p><p>(9) <i>Congressional Member Disclosure.</i> The Department may disclose information from this
system of records to a Member of Congress or to a congressional staff member in response to an
inquiry from the congressional office made at the written request of the constituent about whom the
record is maintained. The member's right to the information is no greater than the right of the
individual who requested the inquiry.
</p><p>(10) <i>Benefit Program Disclosure.</i> The Department may disclose records as a routine use to
any Federal, State, local, or foreign agency, or other public authority, if relevant to the
prevention or detection of fraud and abuse in benefit programs administered by any agency or public
authority.
</p><p>(11) <i>Collection of Debts and Overpayment Disclosure.</i> The Department may disclose records
as a routine use to any Federal, State, local, or foreign agency, or other public authority, if
relevant to the collection of debts or to overpayments owed to any agency or public authority.
</p><p>(12) <i>Disclosure to the Council of Inspectors General for Integrity and Efficiency (CIGIE).</i>
The Department may disclose records as a routine use to members and employees of the CIGIE, or any
successor entity, for the preparation of reports to the President and Congress on the activities of
the Inspectors General.
</p><p>(13) <i>Disclosure for Qualitative Assessment Reviews.</i> The Department may disclose records as
a routine use to members of the PCIE, the DOJ, the U.S. Marshals Service, or any Federal agency for
the purpose of conducting qualitative assessment reviews of the investigative or audit operations of
the Department's OIG to ensure that adequate internal safeguards and management procedures are
maintained.
</p><p>(14) <i>Disclosure in the Course of Responding to Breach of Data.</i> The Department may disclose
records to appropriate agencies, entities, and persons when (a) it is suspected or confirmed that
the security or confidentiality of information in this system has been compromised; (b) the
Department has determined that as a result of the suspected or confirmed compromise there is a risk
of harm to economic or property interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether maintained by the Department or by
another agency or entity) that rely upon the compromised information; and, (c) the disclosure is
made to such agencies, entities, and persons who are reasonably necessary to assist the Department
in responding to the suspected or confirmed compromise and in helping the Department prevent,
minimize, or remedy such harm.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained on encrypted magnetic disks and encrypted tape cartridges in a
locked computer facility within the U.S. Department of Education's OIG.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system of records are retrieved by name or other identifying information of
an individual or institution.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to data in ODAS is restricted to authorized users and is recorded in an access log.
All physical access to the Department's 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. All data maintained in the system of records are kept on a
secured and restricted private network and stored in a combination locked computer laboratory. ODAS
is housed within a secure and controlled computer lab. Physical access to the lab is by authorized
OIG personnel only. The general public does not have access to ODAS.
</p><p>All information stored in this system is secured by using database encryption technology and is
resistant to tampering and circumvention by unauthorized users. Access to data by all users will be
monitored using both automated and manual controls. The information is accessed by users either on a
"need to know" and intended systems usage basis or pursuant to a published routine use
and consistent with the purposes of the system.
</p><p>OIG maintains ODAS in a secure and controlled facility. Access to the computer lab is by
authorized OIG personnel only. The general public does not have access to ODAS. The information
maintained in ODAS is secured in accordance with OMB M-03-22, <i>OMB Guidance for
Implementing the Privacy Provisions of the E-Government Act of 2002,</i> September 26, 2003, the E-
Government Act, Section 208, Attachment A, and NIST 800-53, Revision 1, <i>Recommended
Security Controls for Federal Information Systems,</i> December 2006.
</p><p>Contractors will not maintain this system, but under certain limited circumstances they may have
access to the system. In accordance with the Department's Administrative Communications System
Directive OM: 5-101 entitled "Contractor Employee Personnel Security Screenings,"
all Department personnel who have facility access and system access must undergo a security
clearance investigation. Individuals requiring access to Privacy Act data are required to hold, at a
minimum, a moderate-risk security clearance level. These individuals are required to undergo
periodic screening at five-year intervals.
</p><p>In addition to conducting security clearances, individuals with access to this system are
required to complete security awareness training on an annual basis. Annual security awareness
training is required to ensure that users are appropriately trained in safeguarding Privacy Act data
in accordance with OMB Circular No. A-130, Appendix III.
</p><p>The computer system employed by the Department offers a high degree of resistance to tampering
and circumvention. All users of this system of records are given a unique user identification, and
users are required to change their password at least every 90 days in accordance with the
Department's information technology standards.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules applicable to the aforementioned records. A new records retention and
disposition schedule is under development for this system of records. Until NARA approves a
retention and disposition schedule for these records, The Department will not destroy any records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Computer Assisted Assessment Techniques, Information Technology Audits and
Computer Crimes Investigations, Department of Education, Office of Inspector General, 400 Maryland
Avenue SW., PCP, Washington, DC 20202-1510.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>This system is exempt from the notification procedures in 5 U.S.C. 552a(e)(4)(G) pursuant to
5 U.S.C. 552a(k)(2) and 34 CFR 5b.11(c)(1).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>This system is exempt from the record access procedures in 5 U.S.C. 552a(e)(4)(H) pursuant
to 5 U.S.C. 552a(k)(2) and 34 CFR 5b.11(c)(1).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>This system is exempt from the contesting record procedures in 5 U.S.C. 552a(e)(4)(H)
pursuant to 5 U.S.C. 552a(k)(2) and 34 CFR 5b.11(c)(1).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records taken from the following Department systems:  Education's
Central Automated Processing System (EDCAPS) (System Number 18-03-02); Federal Student
Aid Application File (System Number 18-11-01); Recipient Financial Management System
(the Department expects to amend this system soon and re-name it as the Common Origination and
Disbursement System (COD)) (System Number 18-11-02); Title IV Program Files (System
Number 18-11-05); National Student Loan Data System (NSLDS) (System Number 18-11
-06); Student Financial Assistance Collection Files (System Number 18-11-07);
Postsecondary Education Participants System (PEPS) (System Number 18-11-09); The
Department of Education (ED) PIN (Personal Identification Number) Registration System (System Number
18-11-12); and the Student Authentication Network Audit File (System Number 18-11
-13).
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>Pursuant to 5 U.S.C. 552a(k)(2), the Secretary, through rulemaking, may exempt from a
limited number of Privacy Act requirements a system of records that contains investigatory materials
compiled for law enforcement purposes. The materials in this system fall within the scope of section
552a(k)(2) because they are investigatory materials compiled for purposes of enforcing Federal legal
requirements. Therefore, the Secretary has issued final regulations published elsewhere in this
issue of the <i>Federal Register</i> exempting the ODAS from the following Privacy Act requirements:
</p><p>5 U.S.C. 552a(c)(3)--access to accounting of disclosure.
</p><p>5 U.S.C. 552a(c)(4)--notification to outside parties and agencies of correction or notation
of dispute made in accordance with 5 U.S.C. 552a(d).
</p><p>5 U.S.C. 552a(d)(1) through (4) and (f)--procedures for notification or access to, and
correction or amendment of, records.
</p><p>5 U.S.C. 552a(e)(1)--maintenance of only relevant and necessary information.
</p><p>5 U.S.C. 552a(e)(4)(G) and (H)--inclusion of information in the system of records notice
regarding Department procedures on notification of, access to, correction of, or amendment of
records.
</p></xhtmlContent></subsection></section>
<section id="ed18-10-03" toc="yes">
<systemNumber>18-10-03</systemNumber>
<subsection type="systemName">Non-Federal Auditor Referral, Suspension, and Debarment File.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Audit Services, Office of Inspector General, U.S. Department of Education, 330 C Street,
SW., Room 4200, Switzer Building, Washington, DC 20202-1510.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Auditors and audit firms not employed by the Federal government whom the Office of Inspector
General has referred to State boards of accountancy or professional associations and/or suspended or
debarred for violations of generally accepted auditing standards or generally accepted government
auditing standards in connection with audits of federally assisted education programs.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information relating to the audit activity which led to the referral, suspension or
debarment action, including the referral, suspension or debarment documents; and records on the
substance, status or outcome of each referral, suspension and debarment, including voluntary
exclusion settlement agreements.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Inspector General Act of 1978, as amended (5 U.S.C. Appendix 3, 4(a)(1) and 4(b)(1)(C))
and 34 CFR part 85, the Nonprocurement Debarment and Suspension Regulations.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained for the general purpose of enabling the OIG to fulfill
the requirements of section (4)(b)(1)(C) of the Inspector General Act of 1978, 5 U.S.C. Appendix 3,
4(b)(1)(C) which requires Federal Inspectors General, including the Department Inspector General, to
take appropriate steps to assure that any work performed by non-Federal auditors complies with the
standards established by the Comptroller General. Records are used to document OIG actions with
regard to open and closed referrals, suspensions or debarments by the OIG; to produce statistical
data; and to share information with Federal, State and professional organizations which are also
responsible for maintaining or monitoring adherence to audit standards.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement.
</p><p>(1) Audit oversight and referral disclosure. A record from this system of records may be
disclosed to other Federal agencies, the General Accounting Office, State agencies responsible for
audit oversight, and the American Institute of Certified Public Accountants to make referrals
regarding inadequate audits performed by independent auditors, to track the result of proceedings
against those auditors, and to inform these agencies if prior referrals have been made under this
routine use.
</p><p>(2) Suspension and debarment disclosure. A record from this system of records may be disclosed to
other Federal agencies, the General Accounting Office, State agencies responsible for audit
oversight, State Boards of Accountancy, the American Institute of Certified Public Accountants, and
other professional accountancy associations, to inform these entities of the substance, status or
outcome of suspension and debarment proceedings, including settlement, and as authorized under
section 3 of Executive Order 12549 for purposes of suspendinf and debarring an auditor pursuant to
34 CFR part 85.
</p><p>(3) Disclosure to auditee. A record from this system of records may be disclosed to the auditee
which was the subject of audit oversight by the Department OIG.
</p><p>(4) Engagement disclosure. A record from this system of records may be disclosed to a contractor
or grantee of the Department or other participant in Department programs which may be contemplating
engaging the firm or individual named in the record to perform auditing or related services
pertaining to federally assisted education programs, unless the entities to which the Assistant
Inspector General for Audit Services has made a referral under routine use number 1, decline to take
action against the auditor or act to exonerate the auditor.
</p><p>(5) Disclosure to Public and Private Entities To Obtain Information. A record from this system of
records may be disclosed to public or private sources to the extent necessary to obtain information
from those sources relevant to an OIG audit oversight activity, referral action, suspension and
debarment action, investigation, audit, inspection, or other activity.
</p><p>(6) Enforcement disclosure. In the event that any records from this system of records, either
alone or in combination with any other information, indicate a violation or potential violation of
criminal or civil law or regulation, the Department may disclose information from this system of
records as a routine use to any Federal, State, local, or foreign agency or other public authority
responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
</p><p>(7) Disclosure to the Department of Justice. A record may be disclosed from this system of
records to the Department of Justice to the extent necessary for obtaining its advice on any matter
relevant to an OIG investigation, audit, inspection, or other inquiry related to the
responsibilities of the OIG.
</p><p>(8) Hiring/contracting disclosure.
</p><p>(a) The Department. A record from this system of records may be disclosed as a routine use to a
Federal, State, or local agency maintaining civil, criminal or other relevant enforcement records or
other pertinent records, such as current licenses, if necessary to obtain a record relevant to an
agency decision concerning the hiring or retention of an employee to perform audit services, the
issuance of a security clearance, or the letting or continuation of a contract to perform audit
services by the Department or by any recipient of Federal funds administered by the Department or
its agent.
</p><p>(b) Other Federal agencies. A record from this system of records may be disclosed to a Federal
agency, in connection with the hiring or retention of an employee to perform audit services, the
issuance of a security clearance, the letting or continuation of a contract to perform audit
services by the agency or by any recipient of Federal funds, or the issuance of a license, grant, or
other benefit by the recipient agency.
</p><p>(9) Litigation disclosure.
</p><p>(a) Disclosure to the Department of Justice. A record from this system of records may be
disclosed to the Department of Justice if the record is relevant and necessary to litigation. Such a
disclosure may be made in the event that one of the parties listed below is involved in the
litigation, or has an interest in the litigation:
</p><p>(i) The Department or any component of the Department;
</p><p>(ii) Any employee of the Department in his or her official capacity;
</p><p>(iii) Any Department employee in his or her individual capacity where the Justice Department has
agreed to represent such employee; or
</p><p>(iv)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(b)  Other litigation disclosure.  A record from this system of records may be disclosed to a
court or adjudicative body, to a party, counsel or witnesses, in the course of the litigation or
related settlement proceedings. Such disclosure may be made in the event that a person or entity
listed below is a party to the litigation, or has an interest in the litigation:
</p><p>(i)  The Department or any component of the Department;
</p><p>(ii)  Any employee of the agency in his or her official capacity;
</p><p>(iii)  Any employee of the Department in his or her individual capacity where the agency has
agreed to represent the employee; or
</p><p>(iv)  The United States, where the agency determines that litigation is likely to affect the
agency or any of its components.
</p><p>(9)  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.
</p><p>(10)  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 present or former employee of the Department:
Complaint, grievance, discipline or competence determination proceedings.  The disclosure may only
be made during the course of the proceeding.
</p><p>(11)  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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in file folders and/or microcomputer disk.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed and retrieved by name of individuals, firms or other professional
associations.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are secured in file cabinets and are locked in offices after office hours.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and destroyed in accordance with the Department's Records Disposition
Schedule (ED/RDS, Part 16).  A copy of the ED/RDS can be obtained from the system manager at the
address below.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Inspector General for Audit Services, Office of Inspector General, U.S. Department
of Education, 400 Maryland Avenue, SW., Switzer Building, Washington, DC  20202-1510.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to know if they are named in this system of records must submit a
written request to the system manager.  Requests must reasonably specify the system of records
containing the information and the particular record contents being sought.  For a complete
statement of notification procedures, see the regulations, 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals wishing to gain access to a record in this system of records must submit a
written request to the system manager.  Requests must reasonably specify the system of records
containing the information, the particular record contents being sought, and the reason for the
request.  For a complete statement of notification procedures, see the regulations, 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals desiring to contest information contained in a record in this system of records
should contact the system manager.  Requests must be made either in writing or in person, and must
specify: (1)  The system of records from which the record is to be retrieved; (2)  the particular
record which the requestor is seeking to amend; (3)  whether a deletion, an addition, or a
substitution is being sought; and (4)  the reason(s) for the requested change(s).  Requestors may
wish to include in their requests any appropriate documentation supporting the requested change(s).
For a complete statement of contesting record procedures, see the regulations, 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the system will be obtained principally from OIG employees.
Information regarding the status of referral actions will be obtained from the appropriate State
licensing board and professional organizations to which the referral was made.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

    <section id="ed18-11-02" toc="yes">
        <systemNumber>18-11-02</systemNumber>
        <subsection type="systemName">
            <p>Common Origination and Disbursement (COD) System (18-11-02)</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Program Management Services, Federal Student Aid (FSA), Union Center Plaza (UCP), room 64E1, 830 First St., NE, Washington, DC 20202-5454.</p>
                <p>Amazon Web Services (AWS) Government Cloud, 1200 12th Ave., Suite 1200, Seattle, WA 98114.  (This is the Hosting Center for the COD application, where all electronic COD information is processed and maintained.)</p>
                <p>Accenture, 22451 Shaw Rd., Sterling, VA 20166-4319. (The COD Sterling Cloud-based operations is located here.)</p>
                <p>Accenture DC, 820 First St., NE, Washington, DC 20202-4227.  (This is the COD operations center.)</p>
                <p>Accenture Federal Services, 10931 Laureate Dr., San Antonio, TX 78249.  (This is the COD support center.)</p>
                <p>Atlanta Federal Records Center, National Archives and Records Administration (NARA), 4712 Southpark Blvd., Ellenwood, GA 30294.  (This is where Direct Loan paper promissory notes (also referred to as master promissory notes  or MPNs)), Endorser Addenda, and Power of Attorney documents are maintained.)</p>
                <p>NTT Global Data Centers Americas (Raging Wire), 44664 Guilford Dr., Ashburn, VA 20147.  (This is a datacenter for contact center technical infrastructure.)</p>
                <p>NTT Global Data Centers Americas (Raging Wire), 2008 Lookout Dr., Garland, TX 75044.  (This is a datacenter for contact center technical infrastructure.)</p>
                <p>The following three listings are the locations of the COD Customer Service Centers:</p>
                <p>ASM Research, 4050 Legato Road, #1100, Fairfax, VA 22033.  (This center images and maintains all the Direct Loan paper MPNs and Endorser Addenda);</p>
                <p>Senture, LLC, 4255 W Highway 90, Monticello, KY 42633-3398; and</p>
                <p>Veteran Call Center, 53 Knightsbridge Rd., Suite 216, Piscataway, NJ 08854-3925.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director, COD System, Program Delivery Services Group, Federal Student Aid (FSA), U.S. Department of Education (Department), Union Center Plaza (UCP), room 64E1, 830 First Street, NE, Washington, DC 20202-5454. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>
                    authority under which the system is maintained is title IV of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1070 et seq.), the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098(b) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency), the FAFSA Simplification Act (Title VII, Division FF of Pub. L. 116-260) (including but not limited to the following sections of the FAFSA Simplification Act: subsection 702(m), which amends section 483 of the HEA, and section 703, which amends section 401 of the HEA), and the FAFSA Simplification Act Technical Corrections Act (Division R of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103)).
                </p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
<p>The information contained in this system is maintained for the following purposes related to aid applicants and recipients under title IV of the HEA:</p>
<p>Note: Different parts of the HEA use the terms "discharge," "cancellation," or "forgiveness" to describe when a borrower’s loan amount is reduced in whole or in part by the Department.  To reduce complexity, this system of records notice uses the term "discharge" to include all three terms ("discharge," "cancellation," and "forgiveness"), including, but not limited to, discharges of student loans made pursuant to specific benefit programs.  At times, the system of records notice may refer by name to a specific benefit program, such as the "Public Service Loan Forgiveness" program; such specific references are not intended to exclude any such program benefits from more general references to loan discharges.</p>
<p>(1)	To determine aid applicants’ and recipients’ eligibility for and benefits under title IV, HEA programs, including, but not limited to, receiving a loan, grant, or scholarship, and obtaining discharge of eligible loans under title IV of the HEA;</p>
<p>(2)	To maintain data and documentation, including, but not limited to, promissory notes and other agreements that evidence the existence of a legal obligation to repay funds disbursed under title IV, HEA programs and alternative documentation of income (ADOI) used to support the calculation of a monthly payment amount IDR plans;</p>
<p>(3)	To identify whether an aid recipient may have received title IV, HEA program funds at more than one educational institution for the same enrollment period in violation of title IV, HEA program regulations;</p>
<p>(4)	To identify whether an aid recipient may have exceeded title IV, HEA program fund award limits in violation of title IV, HEA program regulations;</p>
<p>(5)	To identify an aid applicant or recipient who completed an electronic Direct Consolidation Loan Application and promissory note or a Special Direct Consolidation Loan application and promissory note;</p>
<p>(6)	To identify an aid applicant or recipient who completed entrance and exit counseling in the Direct Loan or Teacher Education Assistance for College and Higher Education (TEACH) Grant programs;</p>
<p>(7)	To identify an aid recipient who apply to repay, or recertifies their eligibility to repay, a Direct Loan, a Department-held Perkins loan, a Department- or an eligible lender-held Federal Family Education Loan (FFEL) Program loan under an IDR plan;</p>
<p>(8)	To track student enrollments by educational program for purposes of determining educational program outcomes, including using that information to obtain average earnings of students by educational program from another Federal agency;</p>
<p>(9)	To maintain a qualifying employer database to allow aid recipients who apply for Public Service Loan Forgiveness (PSLF), Temporary Expanded Public Service Loan Forgiveness (TEPSLF), or the limited PSLF waiver to search for and select their PSLF qualifying employer;</p>
<p>(10)	To enable the Department, or other Federal, State, Tribal, or local government agencies, to investigate, respond to, or resolve complaints concerning the practices or processes of the Department and/or the Department’s contractors, and to investigate, respond to, or resolve aid applicant and recipient requests for assistance or relief regarding title IV, HEA program funds;</p>
<p>(11)	To enable an aid applicant, recipient, and, where applicable, an endorser, to initiate online credit checks when they complete the electronic Federal Direct PLUS Loan Application or an Endorser Addendum (Note:  If an applicant for a Federal Direct PLUS Loan is determined to be ineligible for a loan because they have an adverse credit history, they may still get a loan if they have a qualified endorser or complete a credit appeal);</p>
<p>(12)	To identify an aid recipient obligated to repay title IV, HEA program funds pursuant to various maintained data and documentation such as promissory notes, applications, and agreements;</p>
<p>(13) To identify an aid recipient who received a Federal Supplemental Education Opportunity Grant (FSEOG) or who earned money under the Federal Work-Study (FWS) program for use in the calculation of the Student Aid Index (SAI) and to assist with expenditure reporting on the Fiscal Operations Report and Application to Participate (FISAP);</p>
<p>(14)	To enable an aid recipient to complete a PSLF application using the "PSLF Help Tool" and to maintain the aid recipient’s PSLF qualifying employer’s information including, but not limited to, authorizing official’s name, title, phone number, email address, and digital signature (including time and date stamp); and</p>
<p>(15) To identify whether an aid recipient (and where applicable the spouse) who is applying or recertifies eligibility for an IDR plan has or has not provided consent/affirmative approval both to redisclose Federal Tax Information (FTI) of such individuals pursuant to clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Internal Revenue Code (IRC) of 1986 and under subsection 494 (a) of the HEA (20 U.S.C. 1098h(a)) for the purpose of determining eligibility for, or repayment obligations under, IDR plans under title IV of the HEA with respect to loans under part D of the HEA (the Direct Loan Program), and redisclosure of FTI under IRC §6103(l)(13)(A) and (C).</p>
<p>The information in this system is also maintained for the following purposes relating to institutions of higher education (also referred to herein as "educational institutions") participating in and administering title IV, HEA programs:</p>
<p>(1)	To enable an institution of higher education to reconcile, on an aggregate and recipient-level basis, the amount of title IV, HEA program funds that an institution received for disbursements it made to, or on behalf of, eligible students (including reconciling verification codes, reconciling the funds received with disbursements made by type of funds received, and making necessary adjustments);</p>
<p>(2)	To enable an institution of higher education to request online credit checks on an aid applicant, recipient, or endorser in connection with the determination of the aid applicant’s eligibility for a title IV, HEA Federal Direct PLUS Loan;</p>
<p>(3)	To assist an institution of higher education, a software vendor, or a third-party servicer with questions about title IV, HEA program funds;</p>
<p>(4)  To assist an institution of higher education with student loan default prevention;</p>
<p>(5)  To reconcile an institution of higher education's cash drawdowns from the U.S. Department of the Treasury with its reported disbursements and to ensure that the institution of higher education receives the appropriate amount of funds during the respective time period;</p>
<p>(6)  To collect Campus-Based expenditure information for the previous award year and the ability to apply for Campus-Based program funds using the FISAP;</p>
<p>(7)	To enable an institution of higher education to report an aid recipient’s receipt of a FSEOG or earnings under the FWS program, which will be used in the SAI calculation and to assist with expenditure reporting on the FISAP.</p>
<p>     The information in this system is also maintained for the following purposes relating to the Department's administration and oversight of title IV, HEA programs:</p>
<p>(1)	To support the investigation of possible fraud and abuse and to detect and prevent fraud and abuse in title IV, HEA programs;</p>
<p>(2)	To confirm that an institution of higher education, or a program offered by an institution of higher education, is eligible to receive title IV, HEA program funds, and to limit student aid eligibility for ineligible institutions or programs accordingly;</p>
<p>(3)	To set and adjust program funding authorization levels for each institution;</p>
<p>(4)	To enforce institutional compliance with Department reporting deadlines;</p>
<p>(5)	To apply appropriate title IV, HEA funding controls;</p>
<p>(6)	To ensure that Federal, State, local, and Tribal statutory, regulatory, contractual, and program requirements are met by educational and financial institutions, and the Department’s contractors including Federal Loan Servicers and the Federal Perkins Loan Servicer;</p>
<p>(7)	To help governmental entities at the Federal, State, Tribal, and local levels to exercise their supervisory and administrative powers (including, but not limited to, licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers); to investigate, respond to, or resolve complaints regarding the practices or processes of the Department and/or the Department’s contractors; and to update information or correct errors contained in Department records regarding title IV, HEA program funds;</p>
<p>(8)	To provide reporting capabilities for educational institutions, guaranty agencies, lenders, Department contractors including Federal Loan Servicers, and the Federal Perkins Loan Servicer for use in title IV, HEA administrative functions, and for use by the Department or Federal, State, Tribal, or local agencies for oversight and compliance;</p>
<p>(9)	To support research, analysis, and development, and the implementation and evaluation of educational policies in relation to title IV, HEA programs;</p>
<p>(10)	To support the Department in detecting and mitigating improper payments in title IV, HEA programs;</p>
<p>(11)	To conduct testing, analysis, or take other administrative actions needed to prepare for or execute programs under title IV of the HEA; and</p>
<p>(12)	To assist eligible lenders in processing IDR plan requests for eligible aid recipients by providing the calculated monthly payment amounts.</p>
</xhtmlContent>
</subsection><subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records of aid applicants, aid applicants’ parents, spouses of aid applicants, and where applicable, endorsers, who apply for title IV, HEA programs including, but not limited to, the:</p>
                <p>(1)	Federal Pell Grant Program;</p>
                <p>(2)	Federal Perkins Loans Program;</p>
                <p>(3)	Academic Competitiveness Grant (ACG) Program;</p>
                <p>(4)	National Science and Mathematics Access to Retain Talent (National SMART) Grant Program;</p>
                <p>(5)	TEACH Grant Program;</p>
                <p>(6)	Iraq and Afghanistan Service Grant (IASG) Program;</p>
                <p>(7)	Direct Loan Program, which includes Federal Direct Stafford/Ford Loans, Federal Direct Unsubsidized Stafford/Ford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans;</p>
                <p>(8)	FFEL Program;</p>
                <p>(9)	Federal Insured Student Loan (FISL) Program;</p>
                <p>(10)	FWS Program; and</p>
                <p>(11)	FSEOG Program.</p>
                <p>The COD System also contains records of aid recipients under title IV of the HEA, parents of dependent aid applicants or recipients and the spouse of independent applicant or recipient.  The COD System also maintains records on a PSLF qualifying employer’s authorizing official who has certified an aid recipient’s employment.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Note:  The Federal Tax Information (FTI) that the Department will obtain directly from the Internal Revenue Service (IRS) under the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act will be maintained in a separate system of records, which will be covered by a system of records notice entitled "FUTURE Act System (FAS)" (18-11-23) that the Department will publish in the Federal Register.</p>
                <p>Records in the COD System include, but are not limited to, the following data about aid applicants and recipients, endorsers, aid applicants’ and recipients’ parents, and spouses of aid applicants and recipients who are part of an aid applicant’s title IV, HEA aid application or receive title IV, HEA aid:</p>
                <p>(1)	Identifier information, including name, Social Security number (SSN), date of birth (DOB), mailing address, email address, driver's license number, and telephone number;</p>
                <p>(2)	Aid applicant and recipient demographic information, including demographic information of the aid applicant’s and recipient’s parent(s) and aid applicant’s and recipient’s spouse (if applicable), incarcerated student indicator flag, expected student enrollment, list of participating title IV, HEA institutions of higher education designated by the aid applicant to receive the Free Application For Federal Student Aid (FAFSA®) form data along with residency plans, and the financial profile of an aid applicant, an aid applicant’s parent(s), or an aid applicant’s spouse, as reported and calculated through the FAFSA form, and to also include processing flags, indicators, rejections, and overrides; and the consent/affirmative approval to disclose personally identifiable information to the IRS and to obtain FTI in order to determine eligibility for, or repayment obligations under, IDR plans pursuant to subsection 494 (a) of the HEA (20 U.S.C. 1098h(a));</p>
                <p>(3)	Aid recipient’s loan information including information about Direct Loans, FFEL program loans, Perkins loans, and FISL program loans.  This includes information about the period from the origination of the loan through final payment, and milestones, including, but not limited to:  discharge, consolidation, or other final disposition including details such as loan amount, date of disbursement, disbursement amounts, balances, loan status, repayment plan and related information, collections, claims, deferments, forbearances, refunds, and guaranty agencies, lender(s), holder(s), and servicer(s) of an aid recipient’s FFEL program loan(s);</p>
                <p>(4)	Information about Federal grant aid recipients, including recipients of Pell Grants, ACG, National SMART Grants, TEACH Grants, Iraq and Afghanistan Service Grants,  and FSEOGs, including grant amounts, grant awards, verification status, lifetime eligibility used (LEU), IASG eligible veteran's dependent indicator, Children of Fallen Heroes Scholarship eligibility indicator, Pell Grant additional eligibility indicator, approved Prison Education programs (PEPs)(the FAFSA Simplification Act allows for expanding access to Federal Pell Grants to include Federal and State penal facilities’ approved PEPS; and information about the FWS program, including the amount of FWS earnings and category/type of FWS employment;</p>
                <p>(5)	Pell Grant collection status indicator and overpayment collection information;</p>
                <p>(6)	Promissory notes including promissory note identification numbers, loan type, current servicer, principal balance, and the accrued interest for Direct Loans, Federal Direct PLUS Loans, or Department-held FFEL program loans;</p>
                <p>(7)	TEACH Agreements to Serve;</p>
                <p>(8)	Direct Loan Entrance Counseling forms, Federal Student Loan Exit Counseling forms, Federal Direct PLUS Loan Counseling forms, the Annual School Loan Acknowledgement (ASLA), Federal Direct PLUS Loan Requests, endorser addendums, and counseling in the Direct Loan and TEACH Grant programs, such as the date that the aid applicant completed counseling;</p>
                <p>(9)	Credit report information for Federal Direct PLUS Loan applicants, recipients, and endorsers and if applicable, documents related to a Federal Direct PLUS Loan applicant’s request for a credit appeal including credit check details, adverse credit history, credit bureau information, and applicant provided appeal support documentation and the Department’s appeal decision,</p>
                <p>(10)	Aid applicant, endorser, or spouse identifier information for a paper or electronic request to repay or annual recertification of an Direct Loan or Department-held Perkins or FFEL loans or annual recertification of eligibility for, an IDR plan, such as SSN; the date that the IDR plan application was completed; ADOI; IDR monthly payment amount based on the plan selection (as applicable); and current loan balances;</p>
                <p>(11)	Electronic Direct Consolidation Loan or Special Direct Consolidation Loan aid recipient identifier information, such as the aid recipient's SSN, the date that the aid recipient completed the Federal Direct Consolidation Loan application and promissory note, and current loan balances;</p>
                <p>(12)	Information concerning the date of any default on a loan;</p>
                <p>(13)  Demographic and contact information for aid recipient accounts that the Department places with the Federal Loan Servicer(s) for collection of the aid recipient's title IV, HEA loans;</p>
                <p>(14)	Information obtained pursuant to matching programs or other information exchanges with Federal and State agencies, and other external entities, to assist in identifying aid recipients who may be eligible for benefits related to their title IV, HEA loans or other title IV, HEA obligations, including, but not limited to, Total and Permanent Disability discharges, loan deferments, interest rate reductions, PSLF, and other Federal and State loan repayment, discharge benefits, or for the purpose of recouping payments or delinquent debts under title IV, HEA programs;</p>
                <p>(15) Information provided and generated through customer interactions with contact center support via inbound and outbound channels (phone, chat, webform, email, customer satisfaction survey, fax, physical mail, and digital engagement platforms).  Information includes, but is not limited to:  chat transcripts, email communications, audio recordings of customer calls, and screen recordings of contact center desktop support during customer interactions; and</p>
                <p>(16) Borrower defense (BD) information including a uniquely generated internal system case ID, a uniquely generated BD case number for Department, educational institution and student tracking, Office of Postsecondary Education Identification Number (OPEID), and the applicable regulatory year and provisions (i.e., 1995, 2016, or 2020) under which the BD case is being processed.</p>
                <p>The system also contains the following data about students provided by institutions of higher education that participate in an experiment under the Experimental Sites Initiative:  award year, experiment number, OPEID, student SSN, student last name, and any data collection instrument elements authorized under the Information Collection Request associated with each experiment.</p>
                <p>The system also contains records from 2014-2021 on the level of study, Classification of Instructional Program code (field of study), and published length of an educational program in which a student receiving title IV, HEA Federal student aid was enrolled to limit their eligibility for Direct Subsidized Loans to no more than 150 percent of the published length of the educational program in which the student was enrolled, and to determine when an aid recipient who enrolled after reaching the 150 percent limit would have been responsible for the accruing interest on outstanding Direct Subsidized Loans.</p>
                <p>The system also contains an aid recipient’s PSLF qualifying employer’s information including, but not limited to, authorizing official’s name, title, phone number, email address, and digital signature (including time and date stamp).</p>
                <p>Finally, the system maintains cohort default rates (CDRs) calculated by the National Student Loan Data System (NSLDS) from guaranty agency-reported and Federal Loan Servicer-reported data at the institution level.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>This system includes records obtained from aid applicants and recipients, aid applicants’ and recipients’ parents, and spouses of aid applicants and recipients who are part of an applicant’s or recipient’s title IV, HEA aid application, or who have received title IV, HEA program assistance.  These records include information provided by applicants for and recipients of title IV, HEA program assistance, via, for example, Federal Direct Consolidation Loan or Special Direct Loan Consolidation application forms and promissory notes, the parents of dependent aid applicants and recipients, and the spouses of aid applicants and recipients who request to repay a Direct Loan, or recertifies their eligibility for, an IDR plan.  This system also includes Federal grant and Direct Loan origination and disbursement records provided to the Department by institutions of higher education or their agents.  The system also receives completion information for Direct Loan and TEACH Grant program counseling through Studentaid.gov (the student-facing portion of the website) or from institutions of higher education, or both.</p>
                <p>The system also receives information on Federal Direct PLUS Loan applicants, recipients, and endorsers from consumer reporting agencies.</p>
                <p>Information is also obtained from other Federal, State, Tribal, and local agencies, guaranty agencies, consumer reporting agencies, educational institutions, financial institutions, servicers.</p>
                <p>Information is also obtained about a PSLF qualifying employer through DocuSign (a secure digital software used by the Department to obtain and document digital signatures).  The process through which the Department obtains the information using DocuSign is as follows:</p>
                (1)	<p>The aid recipient completes the PSLF application via the "Helptool," which includes the employer’s name and email address;</p>
                (2)	<p>The Department sends the information to DocuSign; and DocuSign sends an email to the employer, which includes a randomly generated code;</p>
                (3)	<p>If the employer does not opt out, the employer logs in to DocuSign with the randomly generated code to ensure the employer is accessing the correct recipient certification in DocuSign;</p>
                (4)	<p>The employer certifies the aid recipient’s employment, provides the employer’s authorizing official’s name, title, email address, and phone number, and electronically signs the PSLF certification; and</p>
                <p>DocuSign returns to the Department the PSLF qualifying employer’s information.  Information is also obtained from other Department systems, including the following systems, or their successor systems:</p>
                (a)	<p>The Student Aid Internet Gateway (SAIG) (covered by the Department’s Privacy Act of 1974, as amended (Privacy Act) system of records notice entitled "Student Aid Internet Gateway, Participant Management System" (18-11-10));</p>
                (b)	<p>The National Student Loan Data System (NSLDS) (covered by the Department's Privacy Act of 1974, as amended (Privacy Act) system of records notice entitled "National Student Loan Data System" (18-11- 06));</p>
                (c)	<p>The Financial Management System (FMS) (covered by the Department's Privacy Act system of records notice entitled "Financial Management System (FMS)" (18-11-17));</p>
                (d)	<p>The Postsecondary Education Participants System (PEPS) (covered by the Department's Privacy Act system of records notice entitled "Postsecondary Education Participants System (PEPS)" (18-11-09));</p>
                (e)	<p>The Common Services for Borrowers (CSB) system (covered by the Department’s Privacy Act system of records notice entitled "Common Services for Borrowers (CSB)" (18- 11-16);</p>
                (f)	<p>The Federal Tax Information Module (FTIM) (covered by the Department’s Privacy Act system of records notice entitled "FUTURE Act System (FAS)" (18-11-23));</p>
                (g)	<p>The Person Authentication Service (PAS) (covered by the Department’s Privacy Act system of records notice entitled "Person Authentication Service (PAS)" (18-11-12)); and</p>
                (h)	<p>The FAFSA Processing System (covered by the Department’s Privacy Act system of records notice entitled "Aid Awareness and Application Processing (AAAP") (18-11-21)).</p>
                <p>The system may also obtain information from other persons or entities from which data is obtained following a disclosure under the routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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, under a computer matching agreement.</p>
                <p> (1)	Program Disclosures.  The Department may disclose records from the system of records for the following program purposes:</p>
                <p>(a)	To assist with the determination of program eligibility and benefits, the Department may disclose records to institutions of higher education, financial institutions, third-party servicers, and Federal, State, Tribal, or local agencies;</p>
                <p>(b)	To maintain data that supports the existence of a legal obligation to repay funds disbursed under title IV, HEA programs, including documentation such as promissory notes and other agreements, the Department may disclose records to institutions of higher education, third-party servicers, and Federal agencies;</p>
                <p>(c)	To identify whether an aid recipient may have received title IV, HEA program funds at more than one institution of higher education for the same enrollment</p>
                <p>period in violation of title IV, HEA regulations, the Department may disclose records to institutions of higher education, third-party servicers, and Federal, State, or local agencies;</p>
                <p>(d)	To identify whether an aid recipient may have exceeded the award limits under title IV, HEA program funds in violation of title IV, HEA regulations, the Department may disclose records to institutions of higher education, third-party servicers, and Federal agencies;</p>
                <p>(e)	To enable institutions of higher education to reconcile, on an aggregate and recipient-level basis, the amount of title IV, HEA program funds that an institution received with the disbursements it made to, or on behalf of, eligible students (including reconciling verification codes, reconciling the funds received with disbursements made by type of funds received, and making necessary corrections and adjustments), the Department may disclose records to institutions of higher education, third-party servicers, and Federal, State, or local agencies;</p>
                <p>(f)	To enable an institution of higher education to request online credit checks of aid applicants, aid recipients, or endorsers as part of the process for determining the eligibility of aid applicants and recipients for a title IV, HEA Federal Direct PLUS Loan, disclosures may be made to institutions of higher education, third-party servicers, consumer reporting agencies, and Federal agencies;</p>
                <p>(g)	To assist individuals, institutions of higher education, third-party servicers, or software vendors with questions about title IV, HEA program funds, disclosures may be made to institutions of higher education, software vendors, third-party servicers, and Federal, State, or local agencies;</p>
                <p>(h)	To support the investigation of possible fraud and abuse and to detect and prevent fraud and abuse in title IV, HEA program funds, disclosures may be made to institutions of higher education, third-party servicers, and Federal, State, local, or Tribal agencies;</p>
                <p>(i)	<p></p>To assist institutions of higher education with student loan default prevention, disclosures may be made to institutions of higher education as to whether an aid applicant or recipient has completed required counseling in the Direct Loan or TEACH Grant programs;</p>
                <p>(j)	To assist the Department in determining eligibility for a Federal Direct PLUS Loan, disclosures may be made to consumer reporting agencies;</p>
                <p>(k)  To help Federal, State, Tribal, and local governmental entities exercise their supervisory and administrative powers (including, but not limited to licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers) or to investigate, respond to, or resolve complaints submitted regarding the practices or processes of the Department and/or the Department’s contractors, the Department may disclose records to governmental entities at the Federal, State, Tribal, and local levels.  These records may include all aspects of records relating to loans and grants made under title IV of the HEA, to permit these governmental entities to verify compliance with debt collection, consumer protection, financial, and other applicable statutory, regulatory, or local requirements. Before making a disclosure to these Federal, State, local, or Tribal governmental entities, the Department will require them to maintain safeguards consistent with the Privacy Act to protect the security and confidentiality of the disclosed records;</p>
                <p>(l)  To assist an eligible lender in processing an aid recipient’s IDR plan, the Department may disclose records, including, but not limited to, the calculated monthly payment amount based on the IDR plan selected and ADOIs, to eligible lenders.</p>
                <p>(2) 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 and on behalf of that individual. The member's right to the information is no greater than the right of the individual who requested it.</p>
                <p>(3)	Enforcement Disclosure. If 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 investigating or prosecuting that violation or charged with enforcing or implementing the statute, regulation, or order issued pursuant thereto.</p>
                <p>(4)	Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(a)  Introduction. In the event that one of the following 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 certain records from this system of records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i)	The Department or any of its components;</p>
                <p>(ii)	Any Department employee in his or her official capacity;</p>
                <p>(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 of the employee;</p>
                <p>(iv)	Any Department employee in his or her individual capacity when the Department has agreed to represent the employee; and</p>
                <p>(v)	The United States when the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(b)	Disclosure to DOJ. If the Department determines that disclosure of certain records to DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to DOJ.</p>
                <p>(c)	Adjudicative Disclosure. If the Department determines that it is relevant and necessary to judicial or administrative litigation or ADR to disclose certain records from this system of 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.</p>
                <p>(d)	Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(5)	Employment, Benefit, and Contracting Disclosure.</p>
                <p>(a)	For Decisions by the Department. The Department may disclose information from this system of records to a Federal, State, or local agency, or to another public authority or professional organization, maintaining civil, criminal, or other relevant enforcement or other pertinent records, 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.</p>
                <p>(b)	For Decisions by Other Public Agencies or their Agents and Contractors, Professional Organizations, or the Department’s Contractors.  The Department may disclose records to a Federal, State, local, or other public agency or an agent or contractor of such a public agency, professional organization, or the Department’s contractor 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.</p>
                <p>(6)	Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to a grievance, complaint, or disciplinary proceeding involving a present or former employee of the Department, the Department may disclose the record 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.  The disclosure may only be made during the course of investigation, fact- finding, or adjudication.</p>
                <p>(7)	Labor Organization Disclosure.  The Department may disclose a record 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.</p>
                <p>(8)	Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or 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.</p>
                <p>(9)	Disclosure to the 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 programs covered by this system.</p>
                <p>(10)	Contract Disclosure. If the Department contracts with an entity to perform any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(11)	Research Disclosure. The Department may disclose records to a researcher if the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to the functions or purposes of this system of records.  The Department 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.</p>
                <p>(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.</p>
                <p>(13)	Disclosure in the Course of Responding to a Breach of Data. The Department may disclose records from this system of 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.</p>
                <p>(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.</p>
                <p>(15)	Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.</p>
                <p>Disclosure to Consumer Reporting Agencies:</p>
                <p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose to a consumer reporting agency the following information regarding a valid, overdue claim of the Department:</p>
                <p>(1)	The name, address, taxpayer identification number, and other information necessary to establish the identity of the individual responsible for the claim;</p>
                <p>(2)	The amount, status, and history of the claim; and</p>
                <p>(3)	The program under which the claim arose.</p>
                <p>The Department may disclose the information specified in this section 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 at 15 U.S.C. 1681a(f) and 31 U.S.C.</p>
                <p>3701(a)(3).</p></xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The Department electronically maintains, for the entire Federal Student Aid lifecycle from application through loan payoff, student and applicant demographic, and title IV, HEA aid data such as, but not limited to, FFEL program, FISL program, and Perkins loan records, on hard disk at the AWS Government Cloud in Seattle, Washington. The Department maintains electronic master promissory notes, electronic Special Direct Consolidation Loan opportunity applications and promissory notes, paper or electronic requests to repay or a recertification a Direct Loan or Department-held Perkins or FFEL under an IDR plan, and Federal Direct Consolidation Loan applications, ADOIs, and promissory notes on hard disk at the AWS Government Cloud in Seattle, Washington.  Paper Direct Loan promissory notes and endorser addendums are maintained in locked vaults in ASM Research in Niagara Falls, New York, and at the NARA- operated Atlanta Federal Records Center near Atlanta, Georgia.  Data obtained from the paper promissory notes are maintained on hard disks at the AWS Government Cloud in Seattle, Washington.  This data is referred to as metadata and is used by the system to link promissory notes to aid recipient data.  The Department also creates and maintains electronic images of the paper promissory notes at the ASM Research facility in Niagara Falls, New York.  For information on the maintenance of other documents, see the section entitled "SYSTEM LOCATION."</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in the COD System are retrieved by the individual's SSN or name, BD case number, or by the institution's OPEID.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>All records are retained and disposed of in accordance with Department Records Schedule 072:  FSA Application, Origination, and Disbursement Records (DAA–0441–2013–0002) (ED 072).  ED 072 is being amended, pending approval by NARA. Records will not be destroyed until NARA-approved amendments to ED 072 are in effect, as applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Physical access to the sites of the Department's contractors, where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the buildings for their employee or visitor badge.</p>
                <p>In accordance with the Department's Administrative Communications System Directive ACSD-OFO-013 entitled "Contractor Employee Personnel Security Screenings," all contract and Department personnel who have facility access and system access must undergo a security clearance investigation.  Individuals requiring access to Privacy Act data are required to hold, at a minimum, a moderate-risk security clearance level.  These individuals are required to undergo periodic screening at five-year intervals.</p>
                <p>In addition to undergoing security clearances, contract and Department employees are required to complete security awareness training on an annual basis.  Annual security awareness training is required to ensure that contract and Department users are appropriately trained in safeguarding Privacy Act data.</p>
                <p>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 unique user identification.  The Department's FSA Information Security and Privacy Policy requires the enforcement of a complex password policy.  In addition to the enforcement of the complex password policy, users are required to change their password at least every 90 days in accordance with the Department's information technology standards.</p>
                <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security and privacy controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                <p>Security and privacy controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families: access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record in this system, contact the system manager at the address listed above.  You must provide necessary particulars of your name, DOB, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.</p>
                <p>Requests by an individual for access to a record must meet the requirements in 34 CFR 5b.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of your personal record within the system of records, contact the system manager at the address listed above and provide your name, DOB, and SSN.  Identify the specific items to be changed and provide a written justification for the change.</p>
                <p>Requests to amend a record must meet the requirements in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>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.  You must provide necessary particulars such as your name, DOB, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Requests must meet the requirements in 34 CFR 5b.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>The system of records entitled "Common Origination and Disbursement (COD) System" (18-11-02) was last modified and published in full in the Federal Register on September 13, 2022 (87 FR 56015-56025).  Prior to this, the Department modified and published in full this system of records notice in the Federal Register on August 16, 2019 (84 FR 41979–41987).  The Department renamed its previous system of records entitled, "Recipient Financial Management System" (RFMS) (18-11-02), as the "Common Origination and Disbursement (COD) System" (18-11-02), on September 27, 2010 (75 FR 59242-59246).  The Department previously published the RFMS system of records notice on June 4, 1999 (64 FR 30106, 30161-30162).</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="ed18-11-06" toc="yes">
        <systemNumber>18-11-06</systemNumber>
        <subsection type="systemName">
            <p>National Student Loan Data System (NSLDS) (18–11–06)</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Director, Partner Systems Integration Division, Program Technical and Business Support Group, Partner Management and Support Services, Partner Participation and Oversight, Federal Student Aid (FSA), U.S. Department of Education, Union Center Plaza (UCP), 830 First St., NE, room 41F1, Washington, DC 20202–5454.</p>
                <p>Amazon Web Services (AWS) Government Cloud, 410 Terry Ave., North Seattle, WA 98109-5210.  (This is the hosting center for the NSLDS application, where all electronic NSLDS information is processed and maintained.)</p>
                <p>Accenture, 22451 Shaw Rd., Sterling, VA 20166-4319.  (This is Accenture’s main program office.)</p>
                <p>Accenture DC, 820 First St., NE, Washington, DC 20202-4227.  (This location is an alternate Accenture work site to support NSLDS.)</p>
                <p>Accenture Federal Services, 10931 Laureate Dr., San Antonio, TX 78249.  (This location is an alternate Accenture work site to support NSLDS.)</p>
                <p>NTT Global Data Centers Americas, 44664 Guilford Dr., Ashburn, VA 20147 and 2008 Lookout Dr., Garland, TX 75044.  (NSLDS call recordings are maintained at these locations.)</p>
                <p>Oracle Service Cloud, 500 Eldorado Blvd., Broomfield, CO 80021.  (Provides customer case management and reporting capabilities to NSLDS Help Desk Customer Service Representatives (CSRs) and has the capability to track and maintain NSLDS inquiries, which allows CSRs to respond to these cases/inquiries.)</p>
                <p>The following three listings are the locations of the NSLDS Customer Service Centers:</p>
                <p>ASM Research, 4050 Legato Rd., #1100, Fairfax, VA 22033;</p>
                <p>Senture, LLC, 4255 W. Highway 90, Monticello, KY 42633-3398; and</p>
                <p>Veteran Call Center, LLC, 53 Knightsbridge Rd., Suite 216, Piscataway, NJ 08854-3925.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director, Partner Systems Integration Division, Program Technical and Business Support Group, Partner Participation and Oversight Directorate, Federal Student Aid, U.S. Department of Education, UCP, 830 First St., NE, room 41F1, Washington, DC 20202–5454.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The authority under which the system is maintained includes sections 101, 102, 132(i), 485, and 485B of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1001, 1002, 1015a(i), 1092, and 1092b), section 431(2) and (3) of the General Education Provisions Act (20 U.S.C. 1231a(2)-(3)), and the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency).  The collection of Social Security numbers (SSNs) of individuals who are covered by this system is authorized by 31 U.S.C. 7701 and Executive Order 9397 (November 22, 1943), as amended by Executive Order 13478 (November 18, 2008).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in this system is maintained for the following purposes relating to applicants and recipients of aid under title IV of the HEA:</p>
                <p>(Note:  Different parts of the HEA use the terms "discharge," "cancellation," or "forgiveness" to describe when a aid recipient’s loan amount is reduced in whole or in part by the Department.  To reduce complexity, this system of records notice uses the term "discharge" to include all three terms ("discharge," "cancellation," and "forgiveness"), including, but not limited to, discharges of student loans made pursuant to specific benefit programs.  At times, the system of records notice may refer by name to a specific benefit program, such as the "Public Service Loan Forgiveness" program; such specific references are not intended to exclude any such program benefits from more general references to loan discharges.)</p>
                <p>(1) to determine the eligibility of aid applicants and recipients for Federal student financial aid programs authorized by title IV of the HEA;</p>
                <p>(2) to report changes in aid applicant and recipient enrollment status and enrollment in gainful employment programs;</p>
                <p>(3) to track aid recipients who owe title IV, HEA obligations (debtors);</p>
                <p>(4) to maintain information on the status of student loans;</p>
                <p>(5) to maintain information on awards to students under the Federal Pell Grant program (including approved Prison Education Programs (PEPs) (the FAFSA Simplification Act allows for expanding access to Federal Pell Grants to include Federal and State penal facilities’ approved educational programs), the Academic Competitiveness Grant (ACG) program, the National Science and Mathematics Access to Retain Talent (National SMART) Grant program, the Teacher Education Assistance for College and Higher Education (TEACH) Grant program, the Federal Supplemental Educational Opportunity Grant (FSEOG) program, the Iraq and Afghanistan Service Grant program, , and money earned under the Federal Work Study (FWS) Program;</p>
                <p>(6) to provide aid recipients and NSLDS users with loan refund and discharge details;</p>
                <p>(7) to identify qualifying individuals and inform them about title IV, HEA benefits, including total and permanent disability (TPD) discharges, Public Service Loan Forgiveness (PSLF), and benefits under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. 3901-4043, to streamline the process for applying for loans and benefits, and to recoup payments or delinquent debts under the title IV, HEA programs;</p>
                <p>(8) to provide consumer tools to the public to better evaluate the effectiveness of postsecondary institutions and programs, considering their costs, financial aid, loan repayment rates, completion rates, median debts, and the aggregate earnings of title IV, HEA aid recipients who were enrolled at postsecondary institutions and programs participating in the title IV, HEA programs, so that the public can make informed decisions about which postsecondary institutions and programs to attend;</p>
                <p>(9) to enable the Department, or other Federal, State, Tribal, or local government agencies, to investigate, respond to, or resolve complaints concerning the practices or processes of the Department and/or the Department’s contractors, or to investigate, respond to, or resolve aid recipients’ requests for assistance or relief with regard to title IV, HEA program funds;</p>
                (10)	<p> to conduct testing, analysis, or take other administrative actions needed to prepare for or execute programs under title IV of the HEA; and</p>
                (11)	<p>to process income eligibility information and documentation for aid applicants and recipients, or applicable aid applicants’ and recipients’ parents or spouses, pertaining to the discharge of eligible loans under title IV, HEA programs.</p>
                <p>The information in the NSLDS is also maintained for the following purposes relating to institutions of higher education (also referred to herein as "educational institutions" or "postsecondary institutions") participating in and administering the title IV, HEA programs:</p>
                <p>(1) to permit Department staff, Department contractors, guaranty agencies, eligible lenders, and eligible institutions of higher education to verify the eligibility of a student, potential student, or parent for loans or Pell Grants or Pell Grant disbursements;</p>
                <p>(2) to provide student aggregate loan calculations to educational institutions;</p>
                <p>(3) to determine default rates for educational institutions, guaranty agencies, and lenders;</p>
                <p>(4) to prepare electronic financial aid histories on aid applicants and recipients for educational institutions, guaranty agencies, Department staff, and Department contractors;</p>
                <p>(5) to alert educational institutions of changes in students’ financial aid eligibility via the Transfer Student Monitoring process;</p>
                <p>(6) to assist Department staff, Department contractors and agents, guaranty agencies, the Department of Justice (DOJ), educational institutions, lenders, and servicers in collecting debts arising from the receipt of title IV, HEA funds;</p>
                <p>(7) to assess title IV, HEA program activities by guaranty agencies, educational institutions, lenders, and servicers;</p>
                <p>(8) to display organizational contact information provided by educational institutions, guaranty agencies, lenders, and servicers;</p>
                <p>(9) to provide reporting capabilities for educational institutions, guaranty agencies, lenders, and servicers for use in title IV, HEA administrative functions and for the Department or other Federal, State, Tribal, or local agencies for use in oversight and compliance;</p>
                <p>(10) to provide financial institutions and servicers, Department staff, and Department contractors with contact information on loan holders for use in the collection of loans;</p>
                <p>(11) to provide educational institutions and servicers with information to resolve overpayments of Pell, ACG, National SMART, TEACH, Iraq and Afghanistan Service Grants, and FSEOG grants;</p>
                <p>(12) to obtain data on and to report on students in a gainful employment program for the purposes of establishing whether a particular gainful employment program is successfully preparing students to be gainfully employed and making this information available to the educational institution;</p>
                <p>(13) to provide consumer tools, such as the College Scorecard, that are designed to simplify information that prospective students receive about costs, financial aid, loan repayment rates, completion rates, median debts, and aggregate earnings of title IV, HEA aid recipients who were enrolled at postsecondary institutions and programs participating in the title IV, HEA programs so that prospective students can make informed decisions about which postsecondary institutions and programs to attend; and</p>
                <p>(14) to provide data for educational institutions to ensure the accuracy of their gainful employment performance metrics.</p>
                <p>The information maintained in this system is also maintained for the following purposes relating to the Department’s oversight and administration of the title IV, HEA programs:</p>
                <p>(1) to assist audit and program review planning;</p>
                <p>(2) to support research, analysis and development, and the implementation and evaluation of educational policies in relation to title IV, HEA programs;</p>
                <p>(3) to conduct budget analysis and program review planning;</p>
                (4)	<p>to provide information that supports the Department’s compliance with the Federal Credit Reform Act of 1990, as amended (CRA) (2 U.S.C. 661 et seq.);</p>
                <p>(5) to ensure only authorized users access the NSLDS database and to maintain a history of the aid applicant and recipient information reviewed;</p>
                <p>(6) to track the Department’s interest in loans funded through the Ensuring Continued Access to Student Loans Act of 2008 (ECASLA) (Pub. L. 110–227);</p>
                <p>(7) to track TEACH grants that have been converted to loans;</p>
                <p>(8) to track eligibility for PSLF;</p>
                <p>(9) to assist in the calculation of metrics related to gainful employment and other title IV, HEA educational programs;</p>
                <p>(10) to provide data for program oversight and strategic decision-making in the administration of higher education programs;</p>
                <p>(11) to track eligibility for Direct Subsidized Loans and interest subsidy based upon the level of study, Classification of Instructional Programs (CIP) code, and published length of the educational program in which a student is enrolled;</p>
                <p>(12) to evaluate the effectiveness of an institution’s education programs, and help provide information to the public at the institutional and programmatic level on this effectiveness;</p>
                <p>(13) to verify that Federal, State, local, and Tribal statutory, regulatory, and program requirements are met by educational and financial institutions, Federal Loan Servicers, the Federal Perkins Loan Servicer, and guaranty agencies;</p>
                <p>(14) to help governmental entities at the Federal, State, Tribal, and local levels exercise their supervisory and administrative powers (including, but not limited to, licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers) or to investigate, respond to, or resolve complaints regarding the practices or processes of the Department and/or the Department’s contractors, or to update information or correct errors contained in Department records regarding an aid recipient’s title IV, HEA program funds;</p>
                <p>(15) to provide information to support web-based access to aid applicant’s and recipient’s title IV, HEA program data including enrollment;</p>
                (16)	<p>to track loan transfers from one holder or servicer to another; and</p>
                (17)	<p>to provide title IV, HEA loan information to support the calculation of monthly payment amounts under Income-Driven Repayment (IDR) plans.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on individual title IV, HEA aid applicants and recipients.</p>
                <p>This system also contains information on the parent(s) of a dependent aid applicant or recipient and the spouse of a married aid applicant or recipient.</p>
                <p>In addition, this system contains records on aid recipients and endorsers who received, or signed the promissory note for a loan(s) under one of the programs authorized under title IV of the HEA, including:</p>
                <p>(1) the William D. Ford Direct Loan Program (Direct Loan) Program, including Federal Direct Unsubsidized and Subsidized Stafford/Ford Loans, Federal Direct Consolidation Loans, and Federal Direct PLUS Loans;</p>
                <p>(2) the Federal Family Education Loan (FFEL) Program,</p>
                <p>(3) the Federal Insured Student Loan (FISL) Program,</p>
                <p>(4) the Federal Perkins Loan Program (including National Defense Student Loans, National Direct Student Loans, and Perkins Expanded Lending and Income Contingent Loans) (Perkins Loans).</p>
                <p>This system also contains records on aid recipients of Federal Pell Grants, ACG, National SMART Grants, TEACH Grants, Iraq and Afghanistan Service Grants, the FWS Program, and FSEOGs, as well as on individuals who owe an overpayment on a Federal Pell Grant, an ACG, a TEACH Grant, a National SMART Grant, a FSEOG, an Iraq and Afghanistan Service Grant, or a Federal Perkins Loan.</p>
                <p>Further, this system contains student enrollment information for individuals who have received title IV, HEA student assistance, as well as Master Conduit Loan Program Data, Master Loan Participation Program (LPP) Data, and loan-level detail on FFEL Subsidized, Unsubsidized, and Grad and Parent PLUS loans funded through those programs.</p>
                <p>This system also contains records on students who are title IV, HEA aid recipients and who attended, or who are attending, a gainful employment program at a postsecondary institution.</p>
                <p>Lastly, this system contains records from 2014-2021 on the level of study, CIP code, and published length of an educational program in which a student receiving title IV, HEA Federal student aid was enrolled to limit his or her eligibility for Direct Subsidized Loans to no more than 150 percent of the published length of the educational program in which the student was enrolled, and to determine when a aid recipient who enrolled after reaching the 150 percent limit would have been responsible for the accruing interest on outstanding Direct Subsidized Loans.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Note:  The Federal Tax Information (FTI) that the Department will obtain directly from the Internal Revenue Service (IRS) under the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act will be maintained in a separate system of records entitled the "FUTURE Act System (FAS)" (18-11-23);</p>
                <p>Records in the NSLDS include, but are not limited to:</p>
                <p>(1) aid applicant and recipient identifier information, including SSN, name, date of birth, physical address, phone number, email address, and driver’s license number and State of issuance;</p>
                <p>(2) aid applicant demographic information, including an aid applicant’s parent’s and spouse’s demographic information (if applicable), student enrollment, incarcerated student indicator flag, list of participating title IV, HEA institutions of higher education selected by the aid applicant to receive the Free Application for Federal Student Aid (FAFSA®) data along with residency plans, and the financial profile of an applicant and an aid applicant’s parent(s) or spouse, as reported and calculated through the FAFSA form; and processing flags, indicators, rejections, and overrides;</p>
                <p>(3) information on the aid recipient’s loan(s) covering the period from the origination of the loan through final payment, consolidation, discharge, or other final disposition, including details such as loan amount, disbursements, balances, loan status, repayment plan payments and related information, collections, claims, deferments, forbearances, refunds, and discharges;</p>
                <p>(4) information on an aid applicant’s or recipient’s endorser or co-signer of a PLUS loan application from the origination of the loan through final payment, consolidation, discharge, or other final disposition, including details such as co-signer SSN, name, date of birth, driver's license number and State of issuance (if reported), active-duty status (if applicable and reported), email address, address, phone number, and relevant loan information with respect to the loan on which they are the endorser or co-signer;</p>
                <p>(5) for students who began a program of study that prepares them for gainful employment in a recognized occupation pursuant to sections 1001 and 1002 of the HEA ("gainful employment program"), student identifiers including the student’s SSN, date of birth, and name, student enrollment information including the Office of Postsecondary Education identification number (OPE ID number) of the institution, the CIP code for the gainful employment program in which the student enrolled, and, if the student completed the program, the completion date and the CIP code of the completed program, the level of study, the amount of the student’s private educational loan debt, the amount of institutionally provided financing owed by the student, and whether the student matriculated to a higher credentialed program at the same institution or another institution;</p>
                <p>(6) aggregated income information on graduates and non-completers of a particular gainful employment program, and the median loan debt incurred by students enrolled in the gainful employment program, regardless of whether they completed the program;</p>
                <p>(7) student demographic information, such as dependency status, citizenship, veteran status, marital status, gender, income and asset information (including income and asset information on the student’s spouse, if married), and expected family contribution or Student Aid Index (SAI);</p>
                <p>(8) information on the parent(s) of a dependent aid applicant or aid recipient or the spouse of an independent aid applicant or aid recipient, including name, date of birth, SSN, marital status, email address, highest level of schooling completed and starting with award year 2024-2025, the parents’ college attendance status, and income and asset information;</p>
                <p>(9) information related to an aid applicant’s or recipient’s application for title IV, HEA benefits, including information relating to IDR or PSLF eligibility such as current income; family size; repayment plan selections; employer name; dates of employment; employment status; if the IDR aid applicant or aid recipient (or spouse, where applicable), provided consent/affirmative approval both to redisclose Federal Tax Information (FTI) of such individuals pursuant to clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the Internal Revenue Code (IRC) of 1986 and under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) of information to the IRS for the IRS to disclose FTI to the Department as part of a matching program to determine eligibility for, or repayment obligations under, IDR plans under title IV of the HEA with respect to loans under part D (Direct Loan program) of title IV of the HEA; repayment amount; and information about the aid recipient’s spouse, if the aid applicant or recipient is married;</p>
                <p>(10) Federal Pell Grant, FSEOG, ACG Grant, National SMART Grant, TEACH Grant, and Iraq and Afghanistan Service Grant amounts, dates of disbursement, and for Federal Pell Grants, approved PEPs (the FAFSA Simplification Act allows for expanding access to Federal Pell Grants to include Federal and State penal facilities’ approved educational programs);</p>
                <p>(11) Federal Pell Grant, ACG Grant, National SMART Grant, TEACH Grant, Iraq and Afghanistan Service Grant, FSEOG, Federal Perkins Loan Program overpayment amounts and/or earning amounts under the FWS Program;</p>
                <p>(12) Information maintained by a guaranty agency, including, demographic, contact, and identifier information, a aid applicant’s FFEL loan(s), and the lender(s), holder(s), and servicer(s) of the borrower’s FFEL loan(s);</p>
                <p>(13) NSLDS user profiles that include name, SSN, date of birth, employer, and NSLDS username;</p>
                <p>(14) information concerning the date of any default on loans and the aggregated loan data to support cohort default rate calculations for educational institutions, financial institutions, and guaranty agencies;</p>
                <p>(15) pre- and post-screening results used to determine a student’s or parent’s aid eligibility;</p>
                <p>(16) information on financial institutions participating in the loan participation and sale programs established by the Department under ECASLA, including the collection of:  ECASLA loan-level funding amounts, dates of ECASLA participation for financial institutions, dates and amounts of loans sold to the Department under ECASLA, and the amount of loans funded by the Department’s programs but repurchased by the lender;</p>
                <p>(17) information on the student’s educational institution, level of study, the CIP code, and published length for the program in which the student enrolled for an institution or programs of studies at the institution;</p>
                <p>(18) information obtained pursuant to matching programs or other information exchanges with Federal and State agencies and other administrators of Federal funds and programs to assist in identifying individuals who may be eligible for aid applicant’s or recipient’s benefits related to their title IV, HEA loans or other title IV, HEA obligations, including TPD discharges, loan deferments, interest rate reductions, PSLF, and other Federal and State loan repayment or discharge benefits, or for the purpose of recouping payments or delinquent debts under title IV, HEA programs; and</p>
                <p>(19) Information provided and generated through customer interactions with contact center support via inbound and outbound channels (phone, chat, webform, email, customer satisfaction survey, fax, physical mail, and digital engagement platforms).  Information includes, but is not limited to:  chat transcripts, email communications, audio recordings of customer calls, and screen recordings of contact center desktop support during customer interactions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information is obtained from other Federal, State, local, and Tribal agencies, other administrators of Federal funds and programs, guaranty agencies, educational institutions, financial institutions and servicers, aid applicants and recipients, parents and spouses of applicable aid applicants and recipients, and designated co-signers and endorsers.</p>
                <p>Information is also obtained from other Department systems, or their successor systems, such as the Federal Loan Servicers (covered by the system of records entitled "Common Services for Borrowers (CSB)"); Debt Management Collection System (covered by the system of records entitled "Common Services for Borrowers (CSB)"); Common Origination and Disbursement System (covered by the system of records entitled "Common Origination and Disbursement (COD) System"); Financial Management System (covered by the system of records entitled "Financial Management System (FMS)"); Student Aid Internet Gateway, Participant Management System (covered by the system of records entitled "Student Aid Internet Gateway (SAIG), Participation Management System"); Postsecondary Education Participants System (covered by the system of records entitled "Postsecondary Education Participants System"); and all systems covered by the system of records entitled "Aid Awareness and Application Processing."  Information in this system also may be obtained from other persons or entities from which data is obtained under routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records notice without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.  These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement.</p>
                (1)	<p>Program Disclosures.  The Department may disclose records to the specified users for the following program purposes:</p>
                (a)	<p>To verify the identity of the applicant involved, the accuracy of the record, or to assist with the determination of program eligibility and benefits, as well as institutional program eligibility, the Department may disclose records to the applicant, guaranty agencies, educational institutions, financial institutions and servicers, and to Federal and State agencies;</p>
                (b)	<p>To support default rate calculations and/or provide information on aid recipients’ current loan status, the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers, and State agencies;</p>
                (c)	<p>To determine if educational programs lead to gainful employment in a recognized occupation, the Department may disclose records to educational institutions;</p>
                (d)	<p>To provide financial aid history information to aid in their administration of title IV, HEA programs, the Department may disclose records to educational institutions, guaranty agencies, loan holders, or servicers;</p>
                (e)	<p>To support auditors and program reviewers in planning and carrying out their assessments of title IV, HEA program compliance, the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers, and to Federal, State, and local agencies;</p>
                (f)	<p>To support governmental researchers and policy analysts, the Department may disclose records to governmental organizations at the Federal, State, or local level, using safeguards for system integrity and provided that the recipient agrees to establish and maintain safeguards to protect the security and confidentiality of the disclosed records;</p>
                (g)	<p>To support Federal budget analysts in the development of budget needs and forecasts, the Department may disclose records to the Congressional Budget Office (CBO) and to Federal and State agencies;</p>
                (h)	<p>To assist in locating holders of loan(s), the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers, and Federal agencies;</p>
                (i)	<p>To assist analysts in assessing title IV, HEA program participation by guaranty agencies, educational institutions, and financial institutions and servicers, the Department may disclose records to Federal and State agencies;</p>
                (j)	<p>To assist loan holders in locating aid recipients, the Department may disclose records to guaranty agencies, educational institutions, financial institutions that hold an interest in the loan and their servicers, and to Federal agencies;</p>
                (k)	<p>To assist with meeting requirements under the CRA, the Department may disclose records to Federal agencies;</p>
                (l)	<p>To assist program administrators with tracking refunds and discharges of title IV, HEA loans, the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers, and to Federal and State agencies;</p>
                (m)	<p>To enforce the terms of a loan, assist in the collection of a loan, or assist in the collection of an aid overpayment, the Department may disclose records to guaranty agencies, loan servicers, educational institutions and financial institutions, to the DOJ and private counsel retained by the DOJ, and to other Federal, State, local, or Tribal agencies;</p>
                (n)	<p>To assist the Department in tracking loans funded under ECASLA, the Department may disclose records to Federal agencies;</p>
                (o)	<p>To obtain data needed to assist the Department in evaluating the effectiveness of an institution’s education programs and to provide the public with greater transparency about the level of economic return of an educational institution and their programs that receive title IV, HEA program assistance, the Department may disclose records to educational institutions and to Federal and State agencies, including the Social Security Administration and the U.S. Department of the Treasury; and</p>
                (p)	<p>To help Federal, State, Tribal, and local governmental entities exercise their supervisory and administrative powers (including licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers) or to investigate, respond to, or resolve complaints submitted regarding the practices or processes of the Department and/or the Department’s contractors, the Department may disclose records to governmental entities at the Federal, State, Tribal, and local levels.  These records may include all aspects of records relating to loans and grants made under title IV of the HEA, to permit these governmental entities to verify compliance with debt collection, consumer protection, financial, and other applicable statutory, regulatory, or local requirements.  Before making a disclosure to these Federal, State, local, or Tribal governmental entities, the Department will require them to maintain safeguards consistent with the Privacy Act to protect the security and confidentiality of the disclosed records.</p>
                <p>(2) Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records 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.</p>
                (3)	<p>Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                (a)	<p>Introduction.  In the event that one of the following parties listed in sub-paragraphs (i) through (v) is involved in judicial or administrative litigation or ADR, or has an interest in such 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:</p>
                (i)	<p>The Department or any of its components; or</p>
                (ii)	<p>Any Department employee in his or her official capacity; or</p>
                (iii)	<p> Any Department employee in his or her individual capacity where the DOJ agrees to or has been requested to provide or arrange for representation of the employee; or</p>
                (iv)	<p>Any Department employee in his or her individual capacity where the Department requests representation for or has agreed to represent the employee; or</p>
                (v)	<p>The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                (b)	<p>Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the 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.</p>
                (c)	<p>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 judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, person, or entity.</p>
                (d)	<p>Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                (4)	<p>Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or the Office of Management and Budget (OMB) if the Department seeks advice regarding whether records maintained in this system of records are required to be disclosed under the FOIA or the Privacy Act.</p>
                (5)	<p>Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records to the contractor’s employees, the Department may disclose the records to those employees.  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.</p>
                (6)	<p>Congressional Member Disclosure.  The Department may disclose records to a Member of Congress in response to an inquiry from the Member made at the written request of and on behalf of the individual whose records are being disclosed.  The Member’s right to the information is no greater than the right of the individual who requested it.</p>
                (7)	<p>Employment, Benefit, and Contracting Disclosure.</p>
                (a)	<p>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 Departmental 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.</p>
                (b)	<p>For Decisions by Other Public Agencies or their Agents or Contractors, Professional Organizations, or the Department’s Contractors.  The Department may disclose a record to a Federal, State, local, Tribal or other public agency or an agent or contractor of such a public agency, a professional organization, or a Department contractor, 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.</p>
                (8)	<p>Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to a grievance, complaint, or disciplinary proceeding involving a present or former employee of the Department, the Department may disclose a record from this system of records during the course of investigation, fact-finding, mediation, 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.</p>
                (9)	<p>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. 71 when relevant and necessary to their duties of exclusive representation.</p>
                (10)	<p>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.</p>
                (11)	<p>Disclosure to the OMB or CBO for CRA Support.  The Department may disclose records to OMB or CBO as necessary to fulfill CRA requirements in accordance with 2 U.S.C. 661b.</p>
                (12)	<p>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, 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.</p>
                (13)	<p>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.</p>
                (14)	<p>Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.</p>
                <p>Disclosure to Consumer Reporting Agencies:</p>
                <p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose the following information to a consumer reporting agency regarding a valid overdue claim of the Department: (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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these disclosures may be made is defined in 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The records are maintained electronically.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>In order for users to retrieve aid applicant or recipient information, they must supply the respective SSN, name, and date of birth.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are primarily retained and disposed of in accordance with ED Records Schedule 051:  FSA National Student Loan Data System (NSLDS) (DAA-0441-2017-0004) (ED 051).  The Department has submitted amendments to ED 051 for NARA’s consideration and will not destroy records covered by ED 051 until such amendments are in effect, as applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Authorized users:  Access to the system is limited to authorized NSLDS program personnel and contractors responsible for administering the NSLDS program.  Authorized personnel include Department employees and officials, financial and fiscal management personnel, computer personnel, and program managers who have responsibilities for implementing the NSLDS program.  Read-only users:  Read-only access is given to servicers, holders, financial/fiscal management personnel, and institutional personnel.</p>
                <p>Physical safeguards:  Magnetic tapes, disc packs, computer equipment, and other forms of data are maintained in areas where fire and life safety codes are strictly enforced.  Security guards are staffed 24 hours a day, seven days a week, to perform random checks on the physical security of the record storage areas.</p>
                <p>Procedural safeguards:  A password is required to access the terminal, and a data set name controls the release of data to only authorized users.  In addition, all sensitive data is encrypted using Oracle Transparent Data Encryption functionality.  Access to records is strictly limited to those staff members trained in accordance with the Privacy Act and Automatic Data Processing (ADP) security procedures.  Contractors are required to maintain confidentiality safeguards with respect to these records.  Contractors are instructed to make no further disclosure of the records except as authorized by the System Manager and permitted by the Privacy Act.  All individuals who have access to these records receive appropriate ADP security clearances.</p>
                <p>Department personnel make site visits to ADP facilities for the purpose of ensuring that ADP security procedures continue to be met.  Privacy Act and ADP system security requirements are specifically included in contracts.  The NSLDS project directors, project officers, and the system manager oversee compliance with these requirements.</p>
                <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                <p>FISMA controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families:  access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record in this system, you must contact the system manager with the necessary particulars such as your name, date of birth, SSN, the name of the school or lender from which the loan or grant was obtained, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name.  Requests by an individual for access to a record must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
                <p>CONTESTING RECORD PROCEDURES:</p>
        <p>If you wish to contest the content of a record in the system of records, you must contact the system manager with the necessary particulars such as your name, date of birth, SSN, the name of the school or lender from which the loan or grant was obtained, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name.  You must also identify the specific item(s) to be changed, and provide a justification for the change, including any supporting documentation.  Requests to amend a record must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7.</p>
    </xhtmlContent>
    </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists regarding you in this system of records, you must contact the system manager with the necessary particulars such as your name, date of birth, SSN, the name of the school or lender from which the loan or grant was obtained, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name.  Requests for notification about whether the system of records contains information about an individual must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>The System of Records entitled the "National Student Loan Data System" (18–11–06) was last modified and published in full on September 22, 2022 (87 FR 57873).</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="ed18-11-09" toc="yes">
        <systemNumber>18-11-09</systemNumber>
        <subsection type="systemName">
            Postsecondary Education Participants System (PEPS) (18-11-09)
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Plano Technology Center, 2300 West Plano Parkway, Plano, Texas, 75075-8427;</p>
                <p>Federal Student Aid, U.S. Department of Education, 830 First Street NE, Room 41I1, Washington, DC 20202.</p>
                <p>See the Appendix at the end of this system of records notice for additional system locations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director, Postsecondary Education Participants System, Office of Student Financial Assistance Programs, U.S. Department of Education (Department), 830 First Street, NE, Room 112G1, Washington, DC 20202. Telephone:  (202) 377-3202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Sections 481, 487, 498 of the Higher Education Act of 1965, as amended (HEA), (20 U.S.C. 1088, 1094, 1099c); Section 31001(i)(1) of the Debt Collection Improvement Act of 1996, Pub. L. 104-134 (31 U.S.C. 7701).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information maintained in the PEPS is used for the purposes of determining the initial and continuing eligibility of and the administrative capability and financial responsibility of postsecondary educational institutions that participate in the student financial assistance programs authorized under title IV of the HEA, tracking school changes and maintaining a history of information regarding postsecondary educational institutions that have previously applied to participate or participated in these programs, and documenting any need for any protective or corrective action against a postsecondary educational institution or individual associated with that institution.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The PEPS maintains records about individuals who are owners of postsecondary educational institutions (either individually, as partners, or owners of the corporate entities that own those institutions); officials  or authorized agents for those institutions; members of boards of directors or trustees of such institutions; employees of foreign entities that evaluate the quality of education; and individuals from third-party servicers that work with postsecondary educational institutions, including contact persons.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The PEPS maintains information regarding the eligibility, administrative capability, and financial responsibility of postsecondary educational institutions that participate in the student financial aid programs authorized under title IV of the HEA, including the names, Taxpayer Identification Numbers (generally Social Security numbers (SSNs)), business addresses, phone numbers of the individuals with substantial ownership interests in, or control over, those institutions, and personal identification numbers assigned by the Department.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information is obtained from applications submitted by postsecondary educational institutions and their owners who seek approval for such an institution to participate or continue participating under new ownership in the student financial assistance programs authorized under title IV of the HEA, from components of the Department, from other Federal, State and non-governmental agencies and organizations that acquire information relevant to the purposes of the PEPS.  Information may also be obtained from other persons or entities from which data is obtained under routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.  These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement.</p>
                <p>(1) Program Purposes.  The Department may disclose information contained in the PEPS to appropriate guaranty agencies, educational and financial institutions, accrediting agencies, and appropriate Federal, State, or local agencies, in order to verify and assist with the determination of eligibility, administrative capability, and financial responsibility of postsecondary educational institutions that have applied to participate in the student financial assistance programs authorized under title IV of the HEA.</p>
                <p>(2) Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records in the PEPS, as a routine use, to the appropriate agency, whether foreign, Federal, State, Tribal, or local, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or executive order or rule, regulation, or order issued pursuant thereto.</p>
                <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(a) Introduction.  In the event that one of the parties listed below in subsections (i) through (v) is involved in judicial or administrative litigation or ADR, or has an interest in judicial or administrative litigation or ADR, the Department may disclose PEPS records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i) The Department of Education, or any component of the Department;</p>
                <p>(ii) Any Department employee in his or her official capacity;</p>
                <p>(iii) Any employee of the Department in his or her individual capacity where the Department of Justice (DOJ) has been requested to or has agreed to provide or arrange for representation for the employee;</p>
                <p>(iv) Any employee of the Department in his or her individual capacity where the agency has agreed to represent the employee; or</p>
                <p>(v) The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(b) Disclosure to the Department of Justice.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the DOJ.</p>
                <p>(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.</p>
                <p>(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(4) Employment, Benefit, and Contracting Disclosure.</p>
                <p>(a) For decisions by the Department.  The Department may disclose records to a Federal, State, or local agency maintaining civil, criminal, or other relevant enforcement or other pertinent records, or to another public authority or professional organization, if necessary to obtain information relevant to a Department decision concerning the hiring or retention of an employee or other personnel action, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.</p>
                <p>(b) For decisions by Other Public Agencies and Professional Organizations.  The Department may disclose records to a Federal, State, local, or foreign agency or other public authority or professional organization, in connection with the hiring or retention of an employee or other personnel action, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the record is relevant and necessary to the receiving entity’s decision on the matter.</p>
                <p>(5) Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action involving a present or former employee of the Department, the Department may disclose a record from this system of records in the course of investigation, fact-finding, or adjudication, to any party to the grievance, complaint, or action; to the party’s counsel or representative; to a witness; or to a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.    </p>
                <p>(6) Labor Organization Disclosure.  The Department may disclose records from this system of records to an arbitrator to resolve disputes under a negotiated grievance process or to officials of a labor organization recognized under 5 U.S.C. chapter 71 when relevant and necessary to their duties of exclusive representation.</p>
                <p>(7) Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or the Office of Management and Budget (OMB) if the Department seeks advice regarding whether records maintained in this system of records are required to be disclosed under the FOIA or Privacy Act.</p>
                <p>(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.</p>
                <p>(9) Contract Disclosure.  If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to maintain safeguards to protect the security and confidentiality of the records in the system.</p>
                <p>(10) Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher shall be required to agree to maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(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.</p>
                <p>(12) Disclosure to the Office of Management and Budget or the Congressional Budget Office (CBO) for Credit Reform Act (CRA) Support.  The Department may disclose records to the OMB or the CBO as necessary to fulfill CRA requirements in accordance with 2 U.S.C. 661b.</p>
                <p>(13) Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records to appropriate agencies, entities, and persons when (a) the Department suspects or has confirmed that there has been a breach of the system of records; (b) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (including its information systems, program, and operation), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Department’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(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.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The records are maintained on electronic data files on a server.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>The records are indexed by the name of the institution or organization, and may be retrieved by the OPEID of postsecondary educational institution, EIN (Entity Identification Number) of the postsecondary educational institution or entity; or the name or the Taxpayer Identification Number (generally the Social Security number) of the individual.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are maintained and disposed of in accordance with the Department Records Schedule 074:  FSA Guaranty Agency, Financial and Education Institution Eligibility, Compliance, Monitoring and Oversight Records (N1-441-09-15).  Records are destroyed/deleted 30 years after cut off.  Cut off occurs at the end of the fiscal year when final action is completed.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All physical access to the Department of Education sites, and the site of Department contractor where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge.  The computer system employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection.  This security system limits data access to staff of the Department, guarantors, accrediting agencies, State agencies, and Department contractors on a "need-to-know" basis, and controls individual users’ ability to access and alter records within the system.  All users of this system of records are given a unique user ID with personal identifiers.  All interactions by individual users with the system are recorded.  Access to the system requires two-factor authentication.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to any record in the system of records, you must contact the system manager at the address listed above.  You must provide the necessary particulars of your name, SSN, and any other identifying information requested by the Department, while processing the request, to distinguish between individuals with the same name.  Such requests must meet the requirements of 34 CFR 5b.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record in the system pertaining to you, you must contact the system manager at the address listed above.  The request to amend must be made in writing and addressed to the system manager at the address provided above with the necessary particulars of your name, SSN, and any other identifying information requested by the Department, while processing the request, to distinguish between individuals with the same name.  The request must identify the particular record within the PEPS that you wish to have changed, state whether you wish to have the record amended, corrected, or deleted, and explain the reasons why you wish to have the record changed.  Requests to amend a record must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists regarding you in the system, you must contact the system manager at the address listed above.  You must provide the necessary particulars of your name, SSN, and any other identifying information requested by the Department, while processing the request, to distinguish between individuals with the same name.  Your request must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> The system of records was published in the Federal Register on June 4, 1999 (64 FR 30106, 30171-30173), and amended on December 27, 1999 (64 FR 72384, 72405).  This system of records was rescinded on August 8, 2017 (82 FR 37089-37094).</p>
                <p> The Integrated Partner Management system of records notice was published in the Federal Register on August 8, 2017 (82 FR 37089-37094).</p>
                <p>NEW SYSTEM NAME AND NUMBER:</p>
                <p>Postsecondary Education Participants System (PEPS) (18-11-09).</p>
                <p>

                    Appendix to 18–11–09
                </p>
                <p>

                    ADDITIONAL SYSTEM LOCATIONS:
                </p>
                <p>Boston Office, 5 Post Office Square, Boston, MA 02109.</p>
                <p>New York Office, 32 Old Slip, New York, NY 10005.</p>
                <p>Philadelphia Office, The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107.</p>
                <p>Chicago Office, Citigroup Center, 500 W. Madison Street, Chicago, IL 60661.</p>
                <p>Atlanta Office, 61 Forsyth Street, SW, Atlanta, GA 30303.</p>
                <p>Dallas Office, 1999 Bryan Street, Dallas, TX 75201.</p>
                <p>Kansas City Office, 1010 Walnut Street, Kansas City, MO 64106.</p>
                <p>Denver Office, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Denver, CO 80204.</p>
                <p>San Francisco Office, 50 Beale Street, San Francisco, CA 94105.</p>
                <p>Seattle Office, 915 Second Avenue, Seattle, WA 98174.</p>
                <p>U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
    </section>   
<section id="ed18-11-10" toc="yes">
<systemNumber>18-11-10</systemNumber>
<subsection type="systemName">Student Aid Internet Gateway (SAIG), Participation Management System (18-11-10).
</subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p> Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p> General Dynamics One Source (GDOS), LLC 2450 Oakdale Boulevard, Coralville IA 52241-9728.  (This facility is the location of Technical Support and also stores hard copy records for the first 12 months after they are received by the Department.</p>
            <p>SAIG/Participation Management System Technical Support 3833 Greenway Drive, Lawrence, KS 66046.  (This is another location of the Technical Support).</p>
            <p>Dell Perot Systems, 2300 West Plano Parkway, Plano, TX 75075-8247.  (This is the computer center for SAIG, Participation Management System Application Virtual Data Center (VDC)).</p>
            <p>Iron Mountain Headquarters, 1000 Campus Dr. Collegeville, PA 19426.  (This facility stores hard copy records after 12 months from when they are received by the Department, and prior to the Department transferring them to National Archives and Records Administration (NARA)-operated Federal Records Centers).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Director, Systems Integration Division, Systems Operations and Aid Delivery Management Services, Business Operations, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Union Center Plaza, Washington, DC 20202-5454.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p> Title IV of the Higher Education Act of 1965, as amended (HEA), 20 U.S.C. 1070 et seq.  The collection of Social Security numbers of users of this system is authorized by 31 U.S.C. 7701 and Executive Order 9397, as amended by Executive Order 13478 (November 18, 2008).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p> The information in this system is maintained for the purposes of:  (1) processing stored data from the SAIG, Participation Management System Enrollment Forms (web and paper versions); (2) maintaining the SAIG, Participation Management System Enrollment website (titled https://FSAWebEnroll.ed.gov); (3) managing the assignment of individual electronic SAIG, Participation Management System mailbox numbers, known as "TG numbers"; and (4) authorizing users of the Department’s Federal Student Aid systems, including Central Processing System (CPS), electronic Campus Based (eCB) System, National Student Loan Data System (NSLDS), Common Origination and Disbursement (COD) System, Financial Management System (FMS), Enterprise Complaint System (ECS), and Access and Identity Management System (AIMS), and the system of the Department of Homeland Security(DHS), for the purposes of administering or assisting in administering programs authorized under title IV of the HEA.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>This system contains records on those individuals who are authorized to access the Department’s Federal Student Aid systems and the DHS system for purposes of administering or assisting in administering programs authorized under title IV of the HEA.  Those individuals include authorized employees or representatives of authorized entities as follows:  postsecondary educational institutions, institutional third-party servicers, lenders participating in the Federal Family Education Loan Program (FFELP), FFELP guaranty agencies, Federal loan servicers, State grant agencies, and research and scholarship organizations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p> This system maintains identifying information that authorized individuals affiliated with an authorized entity provide to create an account to request electronic access to the Department’s Federal Student Aid systems or access to the DHS system for the purposes of administering or assisting in administering programs authorized under title IV of the HEA.  This information includes the individual's name, address, and other identifying information (e.g., mother's maiden name, Social Security number (SSN), and date of birth).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>     Information in this system is obtained from the authorized employees or representatives of authorized entities as follows:  postsecondary educational institutions, institutional third-party servicers, FFELP lenders, FFELP guaranty agencies, Federal loan servicers, DHS, State grant agencies, research and scholarship organizations, and from other individuals or entities from which data is obtained under routine uses set forth below.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.  These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement.</p>
            <p>(1)  Program Disclosures.  The Department may disclose records maintained in the SAIG, Participation Management System, to DHS for the purpose of allowing authorized users who are eligible to participate in the electronic exchange of data with the Department to transmit files to and from the following databases and access the Department’s websites online for the purposes of administering or assisting in administering programs authorized under title IV of the HEA:</p>
            <p>(a)  COD System;</p>
            <p>(b)  CPS;</p>
            <p>(c)  eCB System;</p>
            <p>(d)  NSLDS;</p>
            <p>(e)  FMS;</p>
            <p>(f)  ECS;</p>
            <p>(g)  AIMS; and,</p>
            <p>(h)  the DHS system.</p>
            <p>The Department will only disclose records from this system to DHS for purposes of administering or assisting in administering programs authorized under title IV of the HEA and only after the Department has approved in writing a request from DHS to access these records.</p>
            <p>(2) Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to the Department of Justice (DOJ) or the Office of Management and Budget (OMB) if the Department seeks advice regarding whether records maintained in this system of records are required to be disclosed under the FOIA or the Privacy Act.</p>
            <p> (3)  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.</p>
            <p>  (4)  Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records to the contractor's employees, the Department may disclose the records to those employees.  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 records in the system.</p>
            <p> (5)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.</p>
            <p> (a)  Introduction.  In the event that one of the following parties is involved in judicial or 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), and (d) of this routine use under the conditions specified in those paragraphs:</p>
            <p> (i)  The Department, or any of its components;</p>
            <p> (ii)  Any Department employee in his or her official capacity;</p>
            <p> (iii)  Any Department employee in his or her individual capacity where the DOJ agrees to or has been requested to provide or arrange for representation of the employee;</p>
            <p> (iv) Any Department employee in his or her individual capacity where the Department has agreed to represent the employee;</p>
            <p> (v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p> (b) Disclosure to DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the DOJ.</p>
            <p> (c) Adjudicative Disclosures.  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 the adjudicative body, person, or entity.</p>
            <p> (d) Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p> (6)  Research Disclosure.  The Department may disclose records to a researcher if the official serving or acting as the Chief Operating Officer of Federal Student Aid determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher shall be required to agree to maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
            <p> (7)  Congressional Member Disclosure.  The Department may disclose records to a Member of Congress in response to an inquiry from the Member made at the written request of the individual whose records are being disclosed.  The Member’s right to the information is no greater than the right of the individual who requested it. </p>
            <p> (8)  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.</p>
            <p> (9)  Employment, Benefit, and Contracting Disclosure.</p>
            <p> (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.</p>
            <p> (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.</p>
            <p> (10)  Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action involving a present or former employee of the Department, the Department may disclose a record from this system of records in the course of investigation, fact-finding, mediation, 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.</p>
            <p> (11)  Labor Organization Disclosure.  The Department may disclose records from this system of records to an arbitrator to resolve disputes under a negotiated grievance process or to officials of a labor organization recognized under 5 U.S.C. chapter 71 when relevant and necessary to their duties of exclusive representation.</p>
            <p> (12)  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 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.</p>
            <p>(13)  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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p> Records are maintained in both electronic and hard copy form.  Records maintained in electronic form, including hard copy records loaded into an imaging system accessible through internal systems only, are stored in IBM Content Manager.  For the first 12 months after receiving a hard copy record, the record is stored in a locked file cabinet at the GDOS storage facility in Coralville, Iowa.  After the initial 12-month period, the hard copy record is stored at the Iron Mountain storage facility.  After three years from the termination or closure of an enrollment account of a user of the SAIG, Participation Management System, all records (electronic and hard copy) are transferred to NARA-operated Federal Records Centers for further storage in accordance with the applicable retention and disposition schedule.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p> All users of the SAIG, Participation Management System, have a unique user identification (ID) with a password.  Records are retrieved by the names of the individual user and/or their unique system User ID.</p>
               </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>These records are covered by General Records Schedule 3.2:  Information Systems Security Records, Item 031 (DAA-GRS-2013-0006-0004).  Records are destroyed six years after the user account is terminated or the password is altered.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p> All users of the SAIG, Participation Management System, will have a unique user ID with a password.  All physical access to the data housed at the GDOS location and within the VDC, and the locations of Department contractors where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge.  The computer system employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection.  This security system limits data access to Department and contract staff on a "need-to-know" basis, and controls individual users’ ability to access and alter records within the system.  All interactions by users of the SAIG, Participation Management System, are recorded.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p> If you wish to gain access to a record in this system, you must contact the system manager at the address listed above.  You must provide necessary particulars such as your name, user ID, date of birth, 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 Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p> If you wish to contest or change the content of a record about you in the system of records, you must contact the system manager with the information described in the record access procedures.  Requests to amend a record must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p> If you wish to determine whether a record exists about you in the system of records, you must contact the system manager at the address listed above.  You must provide necessary particulars such as your name, user ID, date of birth, 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.5, including proof of identity. </p>
                 </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p> None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>
                The system of records was published in the Federal Register on December 27, 1999 (64 FR 72384, 72397) and entitled "Title IV Wide Area Network" (Title IV WAN).  This system of records was altered and published in the Federal Register on January 28, 2005 (70 FR 4112), changing the title to "Student Aid Internet Gateway (SAIG), Participation Management System."  The system of records notice for the SAIG, Participation Management System, was most recently altered in the Federal Register on April 19, 2010 (75 FR 20346).

            </p></xhtmlContent></subsection></section>

    <section id="ed18-11-12" toc="yes">
<systemNumber>18-11-12</systemNumber>
        <subsection type="systemName">
            <p>Person Authentication Service (PAS) (18-11-12).</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Amazon Web Services (AWS) Government Cloud, 1200 12th Avenue, Suite 1200, Seattle, WA 98114.  (This is the Hosting Center for the PAS application, where all electronic PAS information is processed and maintained.)</p>
                <p>PPS Infotech, 20745 Williamsport Place, Suite 320, Ashburn, VA  20147.  (PPS Infotech has access to the system and contracts directly with the Department for the development, operations, and maintenance support for PAS.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>FSA Identity and Access Management (IAM), Division Chief, PAS Manager, Technology Office, Federal Student Aid, Union Center Plaza, 830 First St. NE, 10th floor, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The collection of personally identifiable information (PII) for the creation and management of a FSA ID (which includes a user ID and a password) is authorized programmatically by title IV of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1070, et seq.) and the FAFSA Simplification Act (title VII, division FF of Public Law 116-260, the Consolidated Appropriations Act, 2021) (including, but not limited to, section 702(m) that amends section 483 of the HEA and section 703 that amends section 401 of the HEA), and the FAFSA Simplification Act Technical Corrections Act (division R of Public Law 117-103, the Consolidated Appropriations Act, 2022).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in this system is maintained for the following purposes related to the individuals covered by the system:</p>
                <p>(1)to generate authentication and log-on credentials for those individuals wishing to access Departmental student financial assistance systems, online applications, websites and services, and to update security challenge questions and their corresponding answers;</p>
                	<p>(2)to allow a single sign-on and token management solution for all Department student financial assistance systems including systems operated by Department contractors;</p>
                	<p>(3)to allow electronic signature on student aid forms and applications, including, but not limited to, the consent/affirmative approval for the Department to disclose records to the Internal Revenue Service (IRS) to obtain Federal Tax Information (FTI) and for the disclosure and redisclosure of the FTI, revocation of such consent/affirmative approval, the Free Application for Federal Student Aid (FAFSA®), Direct Loan Master Promissory Notes, loan benefit program forms, deferments, or forbearances through StudentAid.gov and other Department websites; and</p>
                	<p>(4)to enable the Department, or other Federal, State, Tribal, or local government agencies, to investigate, respond to, or resolve complaints concerning the practices or processes of the Department and/or the Department’s contractors, or to investigate, respond to, or resolve aid recipients’ requests for assistance or relief with regard to title IV, HEA program funds.</p>
                <p>The information maintained in this system is also maintained for the following purposes relating to the Department’s oversight and administration of the title IV, HEA programs:</p>
               	<p>(1)to prevent fraud by taking measures to validate the PII submitted by aid applicants, aid recipients, application participants (i.e., parents of dependent aid applicants or aid recipients and spouses of independent students), endorsers, and third-party preparers before allowing them to access Department websites, such as Studentaid.gov;</p>
               	<p>(2)to match name, Social Security number (SSN) (or address, where applicable), and Date of Birth (DOB) with an authorized entities for purposes of validating the PII submitted and, if applicable, to determine program eligibility and benefits;;</p>
                	<p>(3)to provide usage information for FSA systems and websites;</p>
    	<p>(4)to track changes to user account information;</p>
                	<p>(5)to maintain and track consent/affirmative approval the consent/affirmative approval on aid applicants and recipients to the IRS for the IRS to disclose FTI under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) and section 6103(l)(13)(A) and (C) of the IRC to the Department as part of a matching program to determine their determine their eligibility under title IV of the HEA and to permit the Department to redisclose FTI of individuals pursuant to section 6103(l)(13)(D)(iv) of the IRC and the revocation of such consent/affirmative approval for IDR; and</p>
                	<p>(6)to support research, analysis, and development, and the implementation and evaluation of educational policies in relation to title IV, HEA programs.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>PAS contains records about former, current, and prospective aid applicants and aid recipients, participants who enter their PII as part of the FAFSA form (i.e., parents of dependent aid applicants or recipients and spouses of independent aid applicants or recipients) under title IV of the HEA, spouses of aid applicants or recipients who enter their PII as part of IDR certifications or recertifications, endorsers, and third-party preparers (i.e., individuals who provide consultative or preparation services for the completion of the FAFSA) who apply for a user ID and password (FSA ID).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>This system maintains identifying information including, but not limited to, first name, middle name, last name, SSN, DOB, address, telephone number, email address, and security challenge questions. </p>
                <p>The system also contains consent/affirmative approval of IDR applicants or recipients both to permit the Department to disclose information to the IRS for the IRS to disclose FTI under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) and section 6103(l)(13)(A) and (C) of the IRC to the Department as part of a matching program to determine title IV, program eligibility or monthly repayment obligation amounts for IDR plans under title IV of the HEA with respect to loans made under part D (the Direct Loan program) of title IV of the HEA and to permit the Department to redisclose FTI of individuals pursuant to  section 6103(l)(13)(D)(iv) of the IRC.  PAS also maintains the revocation of consent/affirmative approval for IDR.</p>
                <p>PAS further maintains information, such as SSN verification flag, citizenship status, and death indicator, obtained pursuant to matching programs or other information exchanges with Federal agencies, and other external entities, to assist in verifying the identifying information of aid applicants or recipients, application participants including parents of dependent aid applicants or recipients and spouses of independent aid applicants or recipients, endorsers, and third-party preparers.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>The identifying information (first name, middle name, last name, SSN, DOB, address, telephone number, email address, security challenge questions and corresponding answers) will be collected from individuals applying for a FSA ID or updating their information on the PAS registration website.  In addition, PAS receives a verification flag, citizenship flag and death flag indicator which are maintained in the system through a matching program from the Central Processing System (CPS) and the FAFSA Processing System (FPS) system.</p>
                <p>PAS also collects from aid applicants or recipients their consent/affirmative approval both to permit the Department to disclose information to the IRS for the IRS to disclose FTI under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) and section 6103(l)(13)(A) and (C) of the IRC to the Department as part of a matching program to determine title IV, program eligibility or their monthly repayment obligation amounts for IDR plans under title IV of the HEA with respect to loans made under part D  of title IV of the HEA (the Direct Loan program) and to permit the Department to redisclose the FTI of such individuals pursuant to section 6103(l)(13)(D)(iv) of the IRC.</p>
                <p>Information is also obtained from other Department systems, or their successor systems, including:</p>
                <p>The Digital and Customer Care Information Technology (IT), Central Processing System (CPS) and FAFSA Processing System (FPS) system (covered by the Department’s Privacy Act system of records notice entitled "Aid Awareness and Application Processing (AAAP)" (18-11-21)); and</p>
                <p>•The Enterprise Data Warehouse Analytics (EDWA) and Person Master Data Management (pMDM) components covered under the "Enterprise Data Management and Analytics Platform Services" (covered by the Department’s Privacy Act system of records notice entitled "Enterprise Data Management and Analytics Platform Services (EDMAPS)" (18-11-22)).</p>
                <p>Information in this system also may be obtained from other persons or entities from whom or from which information is obtained following a disclosure under the listed routine uses.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 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) (5 U.S.C. 552a), under a computer matching agreement (CMA).</p>
                <p>(1) Program Disclosures.  The Department may disclose records for the following program purposes:</p>
                <p>(a) To validate the PII entered by the current, former, or prospective aid applicant or aid recipient (or their third-party preparer) or endorser, whom records indicate is applying for, has applied for, has endorsed, or has received a title IV, HEA loan and/or grant, or a participant of such an application including the spouse of an independent aid applicant or recipient or the parent(s) of a dependent aid applicant or recipient, disclosures may be made to:  Guaranty agencies, educational and financial institutions, Federal Loan Servicers, or Federal Perkins Loan Servicers, Federal, State, local, or Tribal agencies, private parties such as relatives, business and personal associates, and present and former employers, creditors, consumer reporting agencies, adjudicative bodies, and the individual whom the records identify as the endorser or the party obligated to repay the debt;</p>
                <p>(b) To determine program eligibility and benefits, disclosures may be made to:  Guaranty agencies, educational and financial institutions, Federal Loan Servicers, Federal Perkins Loan Servicers, Federal, State, local, or Tribal agencies; private parties such as relatives, business and personal associates, and present and former employers, creditors, consumer reporting agencies, and adjudicative bodies;</p>
                <p>(c) To permit the making or collecting of a grant or loan obligation, disclosures may be made to:  Guaranty agencies, educational institutions, financial institutions, Federal Loan Servicers, or Federal Perkins Loan Servicers that made, held, serviced, or have been assigned the debt; a party identified by the debtor as willing to advance funds to repay the debt; Federal, State, local, or Tribal agencies; private parties such as relatives, business and personal associates, and present and former employers, creditors, consumer reporting agencies, and adjudicative bodies;</p>
                <p>(d) To investigate possible fraud or abuse or verify compliance with program regulations, disclosures may be made to:  Guaranty agencies, educational and financial institutions, Federal Loan Servicers or Federal Perkins Loan Servicers, Federal, State, local, or Tribal agencies, private parties such as relatives, present and former employers, and business and personal associates, creditors, consumer reporting agencies, and adjudicative bodies;</p>
                <p>(e) To permit the Department to disclose information on aid applicants and recipients to the IRS for the IRS to disclose FTI under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) and section 6103(l)(13)(A) and (C) of the IRC to the Department as part of a matching program to determine their determine their eligibility under title IV of the HEA and to permit the Department to redisclose FTI of individuals pursuant to section 6103(l)(13)(D)(iv) of the IRC and the revocation of such consent/affirmative approval for IDR, disclosures may be made to Federal Loan Servicers;</p>
                <p>(f) To investigate complaints or to update information or correct errors contained in Department records, disclosures may be made to:  Guaranty agencies, educational and financial institutions, Federal Loan Servicers, or Federal Perkins Loan Servicers, Federal, State, local, or Tribal agencies; private parties such as relatives, present and former employers, and business and personal associates, creditors, credit reporting agencies, and adjudicative bodies; and</p>
                <p>(g) To report information required by law to be reported, including, but not limited to, reports required by 26 U.S.C. 6050P and 6050S, disclosures may be made to the IRS.</p>
                <p>(2) Enforcement Disclosure. In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records 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.</p>
                <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(a) Introduction.  In the event that one of the parties listed below is involved in judicial or administrative litigation or ADR, or has an interest in such 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:</p>
                <p>(i) The Department or any of its components;</p>
                <p>(ii) Any Department employee in their official capacity;</p>
                <p>(iii) Any Department employee in their individual capacity where the Department of Justice (DOJ) has been requested to or agrees to provide or arrange for representation for the employee;</p>
                <p>(iv) Any Department employee in their individual capacity where the Department has agreed to represent the employee;</p>
                <p>(v) The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(b) Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to the judicial or administrative litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the DOJ.</p>
                <p>(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 an individual or an entity designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.</p>
                <p>(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to a party, counsel, representative, or witness.</p>
                <p>(4) Employment, Benefit, and Contracting Disclosure.</p>
                <p>(a) For Decisions by the Department.  The Department may disclose a record to a Federal, State, or local agency, or another public authority or professional organization,  maintaining civil, criminal, or other relevant enforcement or other pertinent records, 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.</p>
                <p>(b) For Decisions by Other Public Agencies and Professional Organizations.  The Department may disclose a record to a Federal, State, local, 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.</p>
                <p>(5) Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action, the Department may disclose the record in this system of records in the course of investigation, fact-finding, or adjudication to any party or the party’s counsel or representative, a witness, or to a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.</p>
                <p>(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.</p>
                <p>(7) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or the Office of Management and Budget if the Department seeks advice regarding whether records maintained in this system of records are required to be disclosed under the FOIA or the Privacy Act.</p>
                <p>(8) Disclosure to the DOJ.  The Department may disclose records to the DOJ, or the authorized representative of 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.</p>
                <p>(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 shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(10) Research Disclosure.  The Department may disclose records to a researcher if 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 Department 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.</p>
                <p>(11) 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 and on behalf of that individual.  The Member’s right to the information is no greater than the right of the individual who requested the inquiry.</p>
                <p>(12) Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records from this system of 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 and prevent, minimize, or remedy such harm.</p>
                <p>(13) 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.</p>
                <p>(14) Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.</p>
                <p>Disclosure to consumer reporting agencies:</p>
                <p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose the following information to a consumer reporting agency regarding a valid overdue claim of the Department: (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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these disclosures may be made is defined in 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The records are stored electronically.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>In order for users to retrieve aid applicant or recipient information, they must supply the respective SSN, name, and DOB or by the unique internal account identifier.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are primarily retained and disposed of in accordance with ED Records Schedule 278, "FSA Person Authentication Service (PAS) Records" (DAA-0441-2016-0001) (ED 278).  The Department has submitted amendments to ED 278 for NARA’s consideration and will not destroy records covered by ED 278 until such amendments are in effect, as applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Authorized users:  Access to the system is limited to authorized PAS program personnel and contractors responsible for administering the PAS program.  Authorized personnel include Department employees and officials, financial and fiscal management personnel, computer personnel, and program managers who have responsibilities for implementing the PAS program.  Read-only users:  Read-only access is given to servicers, holders, financial/fiscal management personnel, and institutional personnel.</p>
                <p>Physical safeguards:  Magnetic tapes, disc packs, computer equipment, and other forms of data are stored in areas where fire and life safety codes are strictly enforced.  Security guards are staffed 24 hours a day, seven days a week, to perform random checks on the physical security of the record storage areas.</p>
                <p>Procedural safeguards:  A password is required to access the terminal, and a data set name controls the release of information to only authorized users.  In addition, all sensitive data is encrypted using Oracle Transparent Data Encryption functionality.  Access to records is strictly limited to those staff members trained in accordance with the Privacy Act and Automatic Data Processing (ADP) security procedures.  Contractors are required to maintain confidentiality safeguards with respect to these records.  Contractors are instructed to make no further disclosure of the records except as authorized by the System Manager and permitted by the Privacy Act.  All individuals who have access to these records receive appropriate ADP security clearances.</p>
                <p>Department personnel make site visits to ADP facilities for the purpose of ensuring that ADP security procedures continue to be met.  Privacy Act and ADP system security requirements are specifically included in contracts.  The PAS project directors, project officers, and the system manager oversee compliance with these requirements.</p>
                <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                <p>FISMA controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families:  access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record in this system, you must contact the system manager with the necessary particulars such as your name, DOB, SSN, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name.  Requests by an individual for access to a record must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record in the system of records, you must contact the system manager with the necessary particulars such as your name, DOB, SSN, and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name.  You must also identify the specific item(s) to be changed, and provide a justification for the change, including any supporting documentation.  Requests to amend a record must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists regarding you in this system of records, you must contact the system manager with the necessary particulars such as your name, DOB, SSN,and any other identifying information requested by the Department while processing the request, to distinguish between individuals with the same name.  Requests for notification about whether the system of records contains information about an individual must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>The system of records notice entitled the "Person Authentication Service" (18–11–12) was last modified and published in full in the Federal Register on March 20, 2015 (80 FR 14981).</p>
            </xhtmlContent></subsection></section>
<section id="ed18-11-16" toc="yes">
<systemNumber>18-11-16</systemNumber>

    <subsection type="systemName">
        <p>Common Services for Borrowers (CSB) (18–11–16).</p>
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            	<p>1.  U.S. Department of Education,</p>
            <p>•Executive Director, Servicing, Student Experience and Aid Delivery, Federal Student Aid, U.S. Department of Education, 1300 Market St., 5th floor, Philadelphia, PA 19107 (System Manager);</p>
            	<p>•50 Beale St., San Francisco, CA 94105;</p>
           	<p>•500 West Madison St., Chicago, IL 60661; and</p>
            	<p>•61 Forsyth St., Atlanta, GA 30303.</p>
            	<p>2.  Maximus Federal Services, Inc. (Contractor - Federal Loan Servicer for Collections - Debt Management Collection System (DMCS)):</p>
           	<p>•5202 Presidents Ct., Frederick, MD 21703 (Department contractor — DMCS Program Management and Help Desk;</p>
            	<p>•Amazon Web Services Government Cloud, US East,;</p>
            	<p>•410 Terry Ave. North, Seattle, WA 98109-5210 (System Hosting);</p>
            	<p>•Mail Fulfillment and Imaging Centers:  800 Commerce Dr., Upper Marlboro, MD 20774; and 6201 Interstate 30, Greenville, TX 75402; and</p>
            	<p>•Contact Centers:  1 Imeson Park Blvd., Suite 300, Jacksonville, FL 32218; and 4335 Paredes Line Rd. Brownsville, TX 78526.</p>
            	<p>3.  Nelnet Servicing, LLC (Contractor – Federal Loan Servicer),</p>
           	<p>•1001 Fort Crook Rd. North, Suite 132, Bellevue, NE 68005 (System Hosting);</p>
            	<p>•700 East 54th St. North, Suite 200, Sioux Falls, SD 57104 (System Hosting Backup site);  </p>
            	<p>•Mail Fulfillment:  1720 Northway Dr., North Mankato, MN 56003; 3125 Lewis Centre Way, Grove City, OH 43123; 3885 Seaport Blvd., Suite 40, West Sacramento, CA 95691; and 1803 Rocky River Rd., North Monroe, NC 28110;</p>
            	<p>•Imaging Centers:  121 South 13th St., Lincoln, NE 68508 and 2401 and 2501 International Lane, Madison, WI 53704; and  </p>
            	<p>•Contact Centers:  308 Second St., Boscobel, WI 53805;  3381 Ruben M. Torres Blvd., Brownsville, TX 78526; 3620 23rd St., Columbus, NE 68601; 1529 Continental Dr., Eau Claire, WI 54701; 401 S. 21st St., Lincoln, NE 68510; 2401 and 2501 International Lane, Madison, WI 53704; 14400 Branch St. Omaha, NE 68010; 1205 Jackson St. Suite 300, Sidney, NE 69162; and 1101 Centerpoint Drive, Stevens Point, WI 54481;</p>
            	<p>4.  Great Lakes Educational Loan Services, Inc. (GLCS) (Contractor - Federal Loan Servicer):</p>
            	<p>•2401 and 2501 International Lane, Madison, WI 53704; and 1529 Continental Dr., Eau Claire, WI 54701;(System Hosting and System Hosting Backup site);</p>
            	<p>•Mail Fulfillment and Imaging Centers:  2401 and 2501 International Lane, Madison, WI 53704; and 1529 Continental Dr., Eau Claire, WI 54701; and</p>
           	<p>•Contact Centers:  930 Blue Gentian Rd., Eagan, MN 55121; 2401 and 2501 International Lane, Madison, WI 53704; 1529 Continental Dr., Eau Claire, WI 54701; 308 2nd St., Boscobel, WI 53805; and 1101 Center Point Dr., Stevens Point, WI 54481.</p>
        	<p>5.  Aidvantage (Contractor – Federal Loan Servicer):</p>
            	<p>•Chandler Data Center, 240 North Roosevelt Ave., Chandler, AZ 48226 (System Hosting);</p>
           	<p>•Omaha Data Center, 7305 Pacific St., Omaha, NE 68106 (System Hosting Backup site);</p>
            	<p>•Mail Fulfillment and Imaging Centers:  3885 Seaport Blvd., Suite 40, West Sacramento, CA 95691; 1803 North Rocky River Rd., Monroe, NC 28110; and 6201 Interstate 30, Greenville, TX 75402; and</p>
        	<p>•Contact Center(s):  A fully remote contact center model is employed.  Customer Service Representatives manage customer calls in a distributed environment utilizing secure internet connections and using centrally managed technology.</p>
            	<p>6. Missouri Higher Education Loan Assistance Authority (MOHELA) (Contractor – Not-for-Profit (NFP) Federal Loan Servicer):</p>
             <p>• 633 Spirit Dr., Chesterfield, MO 63005 (System Hosting);</p>
             <p>• 555 Vandiver Dr., Columbia, MO 65202 (System Hosting Backup site);</p>
             <p>• 820 First Street, NE, Suite L-120, Washington, DC 20002 (Main Office);</p>
        	<p>• Mail Fulfillment and Imaging Centers:  633 Spirit Dr., Chesterfield, MO 63005; and 555 Vandiver Dr., Columbia, MO 65202; and</p>
             <p>• Contact Centers:  633 Spirit Dr., Chesterfield, MO 63005; 555 Vandiver Dr., Columbia, MO 65202; and 820 First St., NE, Suite L-120, Washington, D.C. 20002.</p>
            	<p> 7. Oklahoma Student Loan Authority (NFPOSLA) (Contractor – NFP Federal Loan Servicer):</p>
           	<p>•525 Central Park Dr., Ste. 600, Oklahoma City, OK 73105 (System Hosting); 7499 East Paradise Lane, Scottsdale, AZ 85260 (System Hosting Backup site);</p>
           	<p>•1001 Fort Crook Road. North, Suite 132, Bellevue, NE. 68005–4247 (System Hosting Backup site);</p>
            	<p>•700 East 54th St. North, Suite 200, Sioux Falls, SD 57104 (System Hosting Backup site);</p>
            	<p>•Mail Fulfillment and Imaging Center:  525 Central Park Dr., Ste. 600, Oklahoma City, OK 73105; and</p>
            	<p>•Call Center:  525 Central Park Dr., Ste. 600, Oklahoma City, OK 73105.</p>
            	<p>•EdFinancial (Contractor – NFP Federal Loan Servicer):</p>
            	<p>•1001 Fort Crook Rd., Suite 132, North Bellevue, NE 68005-4247 (Nelnet System Hosting);</p>
            	<p>•700 East 54th St. North, Suite 200, Sioux Falls, SD 57104 (Nelnet System Hosting Backup);</p>
           	<p>•7301 Pacific Street, Omaha, NE 68114 (FISERV System Hosting – FISERV Solutions Primary Data Center); and</p>
            	<p>•240 North Roosevelt Avenue, Chandler, AZ 85226 (FISERV System Hosting Backup); </p>
            	<p>•Mail Fulfillment and Imaging Centers:  13271 North Promenade Blvd., Stafford, TX 77477–3957; 3885 Seaport Blvd., Suite 40, West Sacramento, CA 95691; and 1803 Rocky River Rd., North Monroe, NC 29110 (Mail Fulfillment and Imaging Backup site); and</p>
            	<p>•Contact Centers:  120 North Seven Oaks Dr., Knoxville, TN 37922; 298 North Seven Oaks Dr., Knoxville, TN 37922; 2741 Gunter Park Dr., Montgomery, AL 36109; and 4 Barrell Court, Concord, NH 03301;</p>
            	<p>8.  Educational Computer Systems, Inc. (ECSI)  (Contractor – Federal Perkins Loan Servicer):</p>
             <p>• 1033 Jefferson St. NW, Atlanta, GA 30318 (System Hosting);</p>
            <p>• Mail Fulfillment and Imaging Center:  100 Global View Dr., Warrendale, PA 15086; and</p>
            <p> •Contact Centers:  1200 Cherrington Parkway, Suite 200,Moon Township, PA 15108; and 3330 Healy Dr., Winston-Salem, NC 27103.</p>
            	<p>9.  Action Financial Services (Contractor – Private Collection Agency):</p>
           <p>• 2055 Cardinal Ave., Medford, OR 97504 (Call Center, Administrative Support, Compliance, Training and Human Resources).</p>
           	<p>10. Bass &amp; Associates, P.C. (Contractor - Private Collection Agency):</p>
            <p>• 3926 E. Fort Lowell Rd., Tucson, AZ 85712-1083</p>
            <p>(Administration and Student Loan Collections).</p>
            	<p>11.  Central Research, Inc. (CRI) (Contractor - Private Collection Agency):</p>
            <p>• 122 N. Bloomington St., Suite I, Lowell, AR 72745 (Accounting/Corporate Administration).</p>
           	<p>12.  Coast Professional, Inc (Contractor – Private Collection Agency):</p>
             <p>• 4273 Volunteer Rd., Geneseo, NY 14454 (Student Loan Servicing &amp; Collecting).</p>
            	<p> Credit Adjustments, Inc. (CAI) (Contractor – Private Collection Agency):</p>
           <p> •1270 Geneva Blvd. Defiance, OH 43512 (Collection Activity, Administrative Offices).</p>
          	<p>14.  F.H. Cann &amp; Associates, Inc. (Contractor – Private Collection Agency):</p>
            <p> •1600 Osgood St., Suite 2-120, North Andover, MA 01845 (Collection Activity, Administrative Office).</p>
           	<p> 15. Immediate Credit Recovery (ICR) (Contractor – Private Collection Agency):</p>
            <p>• 6 Neptune Rd., Suite 110, Poughkeepsie, NY 12601 (Call Center, Rehab Payer Service and Maintenance, Compliance, IT Staff, HR, Accounting, CEO, CIO, VP admin and other executive staff).</p>
            	<p> 16.National Credit Services (Contractor – Private Collection Agency):</p>
            <p> •2525 220th St., SE., Suite 200, Bothell, WA 98021 (Debt Collection, Rehabilitations, Skip Tracing, QA, Compliance, HR and Administrative Wage Garnishment (AWG)).</p>
          	<p> 17. National Recoveries Inc. (Contractor – Private Collection Agency):</p>
          <p>•14735 Hwy 65, NE, Ham Lake, MN 55304 (Collections, Invoice Processing, IT).</p>
          	<p>18.  Professional Bureau of Collections of Maryland, Inc. (Contractor – Private Collection Agency):</p>
           <p>• 5295 DTC Parkway, Greenwood Village, CO 80111 (Executive, Administrative, Accounting, Collections, IT and Compliance).</p>
            	<p> 19. Reliant Capital Solutions (Contractor – Private Collection Agency):</p>
           <p>• 670 Cross Pointe Rd., Gahanna, OH 43230 (Front Line Agents and Administrative Office).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Executive Director, Servicing, Student Experience and Aid Delivery, Federal Student Aid, U.S. Department of Education, 1300 Market St, 5th floor, Philadelphia, PA 19107.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>Titles IV–A, IV–B, IV–D, and IV–E of the Higher Education Act (HEA) of 1965, as amended (20 U.S.C. 1070 et seq.) and the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p><b>Note:</b> Different parts of the HEA use the terms "discharge," "cancellation," or "forgiveness" to describe when a borrower’s loan amount is reduced in whole or in part by the Department.  To reduce complexity, this system of records notice uses the term "discharge" to include all three terms ("discharge," "cancellation," and "forgiveness"), including but not limited to discharges of student loans made pursuant to specific benefit programs.  At times, this system of records notice may refer by name to a specific benefit program, such as the "Public Service Loan Forgiveness" program; such specific references are not intended to exclude any such program benefits from more general references to loan discharges.
            </p>
            <p>The information maintained in this system of records is used for the following purposes:</p>
            <p>(1) To verify the identity of an individual;</p>
            <p>(2) To determine program eligibility and benefits;</p>
            <p>(3) To facilitate default reduction efforts by program participants;</p>
            <p>(4) To enforce the conditions or terms of a title IV, HEA obligation;</p>
            <p>(5) To originate, disburse, service, collect, assign, adjust, transfer, refer, furnish credit information for, and discharge a title IV, HEA obligation;</p>
            <p>(6) To provide customers with information to help them make informed decisions on repayment options, including forbearance, deferment, and recurring debit options, based on their unique situations;</p>
            <p>(7) To investigate possible fraud or abuse or verify compliance with program regulations or contract requirements;</p>
            <p>(8) To locate a delinquent or defaulted individual obligated to repay a title IV, HEA obligation;</p>
            <p>(9) To litigate a title IV, HEA obligation, or to prepare for, provide support services for, or audit the results of litigation on a title IV, HEA obligation;</p>
            <p>(10) To prepare for, conduct, or enforce a limitation, suspension, termination, or debarment action;</p>
            <p>(11) To verify that Federal, state, local, and Tribal statutory, regulatory, and program requirements are met by educational and financial institutions, guaranty agencies, and Department contractors including Federal Loan Servicers, NFP Federal Loan Servicers, the Federal Perkins Loan Servicer, and Private Collection Agencies (PCAs);</p>
            <p>(12) To verify whether a title IV, HEA obligation qualifies for discharge;</p>
            <p>(13) To conduct credit checks or respond to inquiries or disputes arising from information on a title IV, HEA obligation already furnished to a consumer reporting agency;</p>
            <p>(14) To investigate, respond to, or resolve complaints submitted to the Department or to other Federal, State, local, or Tribal agencies regarding an aid applicant’s or recipient’s title IV, HEA program eligibility, the disbursement, or servicing of a title IV, HEA obligation, or the practices or processes of the Department and/or the Department’s contractors;</p>
            <p>(15) To determine credit balances to be refunded by the U.S. Department of the Treasury (Treasury) to the individual or loan holder;</p>
            <p>(16) To allow educational institutions, financial institutions, Federal Loan Servicers, NFP Federal Loan Servicers the Federal Perkins Loan Servicer, PCAs, and guaranty agencies to report information to the Department on all aspects of title IV, HEA obligations in uniform formats to permit the Department to directly compare data submitted to the Department by individual educational institutions, financial institutions, third-party servicers, guaranty agencies, Federal Loan Servicers, NFP Federal Loan Servicers the Federal Perkins Loan Servicer, or PCAs;</p>
            <p>(17) To report to the Internal Revenue Service (IRS) information required by law to be reported, including, but not limited to, reports required by 26 U.S.C. 6050P and 6050S;</p>
            <p>(18) To support research, analysis, and development of educational policies in relation to title IV, HEA student financial aid programs;</p>
            <p>(19) To support Federal budget analysts in the Department, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO) in the development of budget needs and forecasts;</p>
            <p>(20) To help governmental entities at the Federal, State, Tribal, and local levels to exercise their supervisory and administrative powers (including, but not limited to licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers); to investigate, respond to, or resolve complaints regarding the practices or processes of the Department and/or the Department’s contractors; and to update information or correct errors contained in Department records;</p>
            <p>(21) To ensure that only authorized users access aid applicants’ or recipients’ records, to maintain a history of each instance in which the aid applicant’s or recipient’s records are viewed or updated, and to assist the Department in responding to a suspected or confirmed breach of this system or in preventing, minimizing, or remedying harm when the Department suspects or confirms that this system has been breached or when the Department determines that information from this system is reasonably necessary to assist another agency or entity in responding to a suspected or confirmed breach or in preventing, minimizing, or remedying the risk of harm resulting from a suspected or confirmed breach;</p>
            <p>(22) To support the Department in detecting, preventing, mitigating, and recouping improper payments in title IV, HEA programs;</p>
        	<p>(23) To conduct testing, analysis, or take other administrative actions needed to prepare for or execute programs under title IV of the HEA; and</p>
            	<p>(24) To identify whether an aid recipient or application participant who is applying for an income-driven repayment (IDR) plan or recertifying an IDR plan has provided consent/affirmative approval to redisclose Federal Tax Information (FTI) of such individuals pursuant to clause (iv) of section 6103(l)(13)(D) of the Internal Revenue Code (IRC) of 1986 and for the disclosure of records by the Department to the IRS to obtain FTI and for the IRS to disclose FTI to the Department as referenced in Section 494(a) of the HEA (20 U.S.C. 1098h(a)) for the purpose of determining repayment obligation monthly amounts for an IDR plan under title IV of the HEA with respect to loans made under part D of title IV of the HEA (Direct Loan Program).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>The CSB system contains records on individuals who received a loan or who otherwise owe a title IV, HEA obligation held, originated, serviced, disbursed, adjusted, collected, or discharged by the Department, which was made under:</p>
            <p>(1) The Federal Family Education Loan (FFEL) Program, including Stafford Loans, Federal Insured Student Loans (FISL), Supplemental Loans for Students (SLS), PLUS Loans (formerly Parental Loans for Undergraduate Students), and Consolidation Loans;</p>
            <p>(2) the William D. Ford Federal Direct Loan (Direct Loan) Program, including Federal Direct Unsubsidized and Subsidized Stafford/Ford Loans, Federal Direct Consolidation Loans, and Federal Direct PLUS Loans;</p>
            <p>(3) the Federal Perkins Loan Program;</p>
            <p>(4) the Federal Pell Grant Program;</p>
            <p>(5) the Federal Supplemental Education Opportunity Grant (FSEOG) Program;</p>
            <p>(6) the Leveraging Educational Assistance Partnership (LEAP) Program;</p>
            <p>(7) the Special Leveraging Educational Assistance Partnership (SLEAP) Program;</p>
            <p>(8) the Academic Competitiveness Grant (ACG) Program;</p>
            <p>(9) the National Science and Mathematics Access to Retain Talent (SMART) Grant Program;</p>
            <p>(10) the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program; and</p>
            <p>(11) the Iraq and Afghanistan Service Grant Program.</p>
            <p>This system also contains records on individuals who apply for, but do not receive, a Direct Loan, as well as individuals identified by the borrower or recipient of the Federal title IV, HEA program funds as references, co-signers, endorsers, or a spouse whose income and expenses are considered in connection with the making or the enforcement of a title IV, HEA obligation.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p><b>Note: </b> Beginning with the 2024-2025 award year application cycle, the IRS will disclose FTI directly to the Department for use by the Department in processing the Free Application for Federal Student Aid (FAFSA®) and making aid eligibility determinations under a program authorized under subpart 1 of part A, part C, or part D of title IV of the HEA.  FTI will not be maintained in this system.  Beginning July 30, 2023, the IRS will also disclose FTI directly to the Department for use by the Department to determine monthly payment amounts under IDR plans with respect to Direct Loans.  That FTI also will not be maintained in this system.  All FTI that the Department will obtain directly from the IRS under the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act will be maintained within the FTI Module (FTIM) system that will be compliant with the IRS Publication 1075, "Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information," and that will be covered under the Department’s system of records notice entitled "FUTURE Act System (FAS)" (18-11-23).  This system will continue to maintain both historical and applicant-provided income information (either through a manual FAFSA entry or submission of alternative documentation of income (ADOI) through the IDR process).  Any reference to income throughout this system of records notice refers to income information that the Department did not obtain directly from the IRS but obtained from the applicant or from another source.
            </p>
            <p>This system of records covers the following Information Technology (IT) systems of the Department used to carry out activities with regard to title IV, HEA obligations held, originated, serviced, disbursed, collected, or discharged by the Department:  DMCS, IT systems operated by the Federal Loan Servicers and NFP Federal Loan Servicers to accomplish the purpose(s) of this system of records, IT systems operated by the Federal Perkins Loan Program Servicer to accomplish the purpose(s) of this system of records, and IT systems operated by the PCAs to accomplish the purpose(s) of this system of records.  This system of records also covers paper records obtained by the Department from guaranty agencies in the process of considering appeals by title IV, HEA loan borrowers of guaranty agency decisions.</p>
            <p>This system of records maintains the employment information, educational status, family income, Social Security number (SSN), address(es), email address(es), , monthly payment amounts, ADOI, and telephone number(s) of the aid applicant or recipient indebted on a title IV, HEA obligation or the individuals whose income and expenses are included in a financial statement submitted by the aid applicant or recipient.  This system also maintains the consent/affirmative approval to include permitting the Department to disclose records to the IRS to obtain FTI and to permit the disclosure and redisclosure of the FTI of the applicant or recipient.  This system of records maintains the loan discharge income, eligibility information, and associated discharge eligibility consent information of the aid recipient indebted on a title IV, HEA obligation.  This system also maintains records including, but not limited to, the application for, agreement to repay, and disbursements on the loan, and loan guaranty, if any; the repayment history, including deferments and forbearances; claims by lenders on the loan guaranty; and records related to discharge of title IV, HEA obligations on grounds of qualifying service, bankruptcy discharge, Total and Permanent Disability (including medical records submitted to support an application for discharge by reason of disability), death, Public Service Loan Forgiveness (PSLF) (including, but not limited to, employment records), Borrower Defense (including but not limited to, case decisions, principal and interest discharged, amount refunded, and borrower defense notifications) or other statutory or regulatory grounds for relief.</p>
            <p>Additionally, for title IV, HEA grant overpayments, the system contains records about the amount disbursed, the school that disbursed the grant, and the basis for overpayment; for all title IV, HEA obligations, the system contains demographic, employment, and other data on the individual who owes a title IV, HEA obligation or provided as references by the obligor, and the collection actions taken by any holder, including write-off amounts and compromise amounts.</p>
            <p>This system also contains information obtained from matching programs or other information exchanges with other Federal and State agencies, and other entities, to assist in identifying individuals who may be eligible for benefits related to their title IV, HEA obligations, including, but not limited to, TPD discharges, loan deferments, interest rate reductions, PSLF, and other Federal and State loan repayment or discharge benefits or for the purpose of recouping payments on delinquent title IV, HEA obligations under title IV, HEA programs.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>The system includes information that the Department obtains from applicants and those individuals and their families who received, or who are otherwise obligated to repay, a title IV, HEA obligation held and collected by the Department.  The Department also obtains information from Federal Loan Servicers, NFP Federal Loan Servicers, the Federal Perkins Loan Servicer, PCAs, references, cosigners, endorsers, current or prior FFEL loan holders or servicers, guaranty agencies, educational and financial institutions and their authorized representatives, and Federal, State, Tribal and local agencies and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies.  Information in this system may be obtained from other persons or entities from whom or from which data is obtained following a disclosure under the listed routine uses.</p>
            <p>Information is also obtained from other Department systems including the Common Origination and Disbursement (COD) system (covered by the Department’s system of records notice entitled "Common Origination and Disbursement (COD) System" (18-11-02)) and the National Student Loan Data System (NSLDS) (covered by the Department's system of records notice entitled "National Student Loan Data System (NSLDS)" (18-11- 06)) or any successor systems thereto.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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 information in 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.</p>
            <p>(1) Program Disclosures.  The Department may disclose records for the following program purposes:</p>
            <p>(a) To verify the identity of the individual whom records indicate has applied for or received title IV, HEA program funds, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, Tribal, or local agencies, and their authorized representatives; to private parties, such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; to adjudicative bodies; and to the individual whom the records identify as the party obligated to repay the title IV, HEA obligation;</p>
            <p>(b) To determine program eligibility and benefits, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies;</p>
            <p>(c) To facilitate default reduction efforts by program participants, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to consumer reporting agencies; and to adjudicative bodies;</p>
            <p>(d) To enforce the conditions or terms of a title IV, HEA obligation, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; to adjudicative bodies; and to the individual whom the records identify as the party obligated to repay the title IV, HEA obligation;</p>
            <p>(e) To permit originating, disbursing, servicing, collecting, assigning, adjusting, transferring, referring, furnishing of credit information, or discharging title IV, HEA obligations, disclosures may be made to guaranty agencies, educational institutions, or financial institutions that originated, held, serviced, or have been assigned the title IV, HEA obligation, and their authorized representatives; to a party identified by the debtor as willing to advance funds to repay the title IV, HEA obligation; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies;</p>
            <p>(f) To provide customers with information to help them make informed decisions on repayment options, including deferment, forbearance, and recurring auto debit, based on their unique situations, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; and to Federal, State, or local agencies, and their authorized representatives;</p>
            <p>(g) To investigate possible fraud or abuse or to verify compliance with contractual requirements or Federal, State, local, or Tribal statutory, regulatory, or program requirements, disclosures may be made to guaranty agencies, educational and financial institutions, third-party servicers, and their authorized representatives; to Federal, State, Tribal, or local agencies, and their authorized representatives; to private parties, such as relatives, present and former employers, and business and personal associates; to creditors; to consumer reporting agencies; and to adjudicative bodies;</p>
            <p>(h) To locate a delinquent or defaulted borrower, or an individual who owes a title IV, HEA obligation, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies; </p>
            <p>(i) To prepare a title IV, HEA obligation for litigation, to provide support services for litigation on a title IV, HEA obligation, to litigate a title IV, HEA obligation, or to audit the results of litigation on a title IV, HEA obligation, disclosures may be made to FFEL loan holders or servicers; Department contractors including but not limited to, Federal Loan Servicers, NFP Federal Loan Servicers, the Federal Perkins Servicer, PCAs and to guaranty agencies and their authorized representatives; Federal, State, Tribal, or local agencies, and their authorized representatives; and to adjudicative bodies;</p>
            <p>(j) To prepare for, conduct, or enforce a limitation, suspension, or termination or a debarment action, disclosures may be made to guaranty agencies, educational or financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; and to adjudicative bodies;</p>
            <p>(k) To verify that HEA program requirements are met by educational and financial institutions, guaranty agencies, Federal Loan Servicers, NFP Federal Loan Servicers, the Federal Perkins Loan Servicer, and PCAs, disclosures may be made to guaranty agencies, educational or financial institutions, and their authorized representatives; to accrediting agencies; to auditors engaged to conduct an audit of a guaranty agency or an educational or financial institution; to Federal, State, Tribal, or local agencies, and their authorized representatives; and to adjudicative bodies;</p>
            <p>(l) To verify whether a title IV, HEA obligation qualifies for discharge, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, present and former employers, and business and personal associates; to creditors; to consumer reporting agencies; and to adjudicative bodies;</p>
            <p>(m) To conduct credit checks or to respond to inquiries or disputes arising from information on the title IV, HEA obligation already furnished to a consumer reporting agency, disclosures may be made to consumer reporting agencies; to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, present and former employers, and business and personal associates; to creditors; and to adjudicative bodies;</p>
            <p>(n) To investigate, respond to, and resolve complaints submitted to the Department or to Federal, State, local, or Tribal agencies regarding an aid applicant’s or recipient’s title IV, HEA program eligibility, the disbursement or servicing of a title IV, HEA obligation, or the practices or processes of the Department and/or the Department’s contractors or to update information or correct errors contained in Department records, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, Tribal, or local agencies, and their authorized representatives; to private parties, such as relatives, present and former employers, and business and personal associates; to creditors; to consumer reporting agencies; and to adjudicative bodies;</p>
            <p>(o) To provide credit balances identified in the Department’s systems to Treasury for distribution, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies, and their authorized representatives; to private parties, such as relatives, present and former employers, and business and personal associates; and to creditors;</p>
            (p)	<p>(p) To allow the reporting of information to the Department on all aspects of title IV, HEA obligations in uniform formats and to permit the Department to directly compare data submitted to the Department by individual educational institutions, financial institutions, third-party servicers, guaranty agencies, Federal Loan Servicers, NFP Federal Loan Servicers, PCAs, and the Federal Perkins Loan Servicer, disclosures may be made to educational institutions, financial institutions, guaranty agencies, Federal Loan Servicers, the Federal Perkins Loan Servicer, NFP Federal Loan Servicers, and PCAs;</p>
            <p>(q) To report information required by law to be reported, including, but not limited to, reports required by 26 U.S.C. 6050P and 6050S, disclosures may be made to the IRS; and;</p>
            <p>(r) To help Federal, State, Tribal, and local governmental entities exercise their supervisory and administrative powers (including, but not limited to, licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers) or to investigate, respond to, or resolve complaints submitted regarding the practices or processes of the Department and/or the Department’s contractors, the Department may disclose records to governmental entities at the Federal, State, Tribal, and local levels.  These records may include all aspects of records relating to title IV, HEA obligations to permit these governmental entities to verify compliance with debt collection, consumer protection, financial, and other applicable statutory, regulatory, or local requirements.  Before making a disclosure to these Federal, State, local, or Tribal governmental entities, the Department will require them to maintain safeguards consistent with the Privacy Act to protect the security and confidentiality of the disclosed records.</p>
            <p>(2) Feasibility Study Disclosure.  The Department may disclose information from this system of records to other Federal agencies, and to guaranty agencies and to their authorized representatives, to determine whether matching programs should be conducted by the Department for purposes such as to locate a delinquent or defaulted debtor or to verify compliance with program regulations.</p>
            <p>(3) Enforcement Disclosure.  In the event that information in this system of records indicates, either alone or in connection with other information, a violation or potential violation of any applicable statutory, regulatory, or legally binding requirement, the Department may disclose the relevant records to an entity charged with the responsibility for investigating or enforcing those violations or potential violations.</p>
            <p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
            <p>(a) Introduction.  In the event that one of the parties listed below is involved in judicial or administrative litigation or ADR, or has an interest in such 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:</p>
            <p>(i) The Department or any of its components;</p>
            <p>(ii) Any Department employee in his or her official capacity;</p>
            <p>(iii) Any Department employee in his or her individual capacity where the Department of Justice (DOJ) has been requested to or agrees to provide or arrange for representation for the employee;</p>
            <p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to represent the employee; and</p>
            <p>(v) The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p>(b) Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the 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.</p>
            <p>(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 an individual or an 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 the adjudicative body, individual, or entity.</p>
            <p>(d) Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p>(5) Employment, Benefit, and Contracting Disclosure.</p>
            <p>(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.</p>
            <p>(b) For Decisions by Other Public Agencies or their Agents and Contractors, and Professional Organizations or the Department’s Contractors.  The Department may disclose a records to a Federal, State, local, or other public authority or an agent or contractor of such public agency, or professional organization, or the Department’s contractors 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.</p>
            <p>(6) Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action, the Department may disclose the record in this system of records in the course of investigation, fact-finding, or adjudication to any witness, designated factfinder, mediator, or other person designated to resolve issues or decide the matter.</p>
            <p>(7) 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.</p>
            <p>(8) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or to OMB if the Department determines that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act.</p>
            <p>(9) Disclosure to the DOJ.  The Department may disclose records to the DOJ, or the authorized representative of 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.</p>
            <p>(10) Contracting Disclosure.  If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in the system to the employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) of the Privacy Act with respect to the records in the system.</p>
            <p>(11) Research Disclosure.  The Department may disclose records to a researcher if 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 Department 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.</p>
            <p>(12) 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 and on behalf of that individual.  The member's right to the information is no greater than the right of the individual who requested it.</p>
            <p>(13) Disclosure to OMB or CBO for Credit Reform Act (CRA) Support.  The Department may disclose records to OMB or CBO as necessary to fulfill CRA requirements in accordance with 2 U.S.C. 661b.</p>
            <p>(14) Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records from this system of 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 and prevent, minimize, or remedy such harm.</p>
            <p>(15) 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.</p>
            <p>(16) Disclosure to Third Parties through Matching Programs.  Unless otherwise prohibited by other laws, any information from this system of records, including personal information obtained from other agencies through matching programs, may be disclosed to any third party through a matching program, which is conducted under a Computer Matching Agreement between the Department and the third party, and requires that the matching be conducted in compliance with the requirements of the Privacy Act.  Purposes of these disclosures may be:  (a) To establish or verify program eligibility and benefits; (b) to establish or verify compliance with program regulations or statutory requirements, such as to investigate possible fraud or abuse; and (c) to recoup payments or delinquent debts under any Federal benefit programs, such as to locate or take legal action against a delinquent or defaulted debtor.</p>
            <p>(17) Disclosure of Information to Treasury.  The Department may disclose records to (a) a Federal or State agency, its employees, agents (including contractors of its agents), or contractors, or (b) a fiscal or financial agent designated by the Treasury, including employees, agents, or contractors of such agent, for the purpose of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a State in a State-administered, Federally funded program.</p>
            <p>(18) Disclosure to National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.</p>
            <p>Disclosure to consumer reporting agencies:</p>
            <p>Disclosure pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose to a consumer reporting agency information regarding a valid overdue claim of the Department; such information is limited to:</p>
            <p>(1) The name, address, taxpayer identification number, and other information necessary to establish the identity of the individual responsible for the claim;</p>
            <p>(2) the amount, status, and history of the claim; and</p>
            <p>(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 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>The records are maintained in hardcopy, microfilm, magnetic storage, and optical storage media, such as tape, disk, etc.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>Records in this system pertaining to a title IV, HEA loan borrower or grant recipient are retrieved by one or more of the following data elements:  the SSN, name, address, randomly generated number, debt number, phone number, debt type reference, debt type extension debt number, commercial name, commercial contact name, legacy ID, driver’s license number, American Bankers Association (ABA) routing number, bankruptcy docket number, debt placement date, debt user defined page (UDP), email address, last worked date, payment additional extension reference ID, payment extension reference ID, tag short name, total balance, credit bureau legacy ID, debt type group short name, debt type short name, department name, institution account number, judgment docket number, license-issuing State, next scheduled payment amount, next scheduled payment date, office name, original debt type name, PCA group short name, and PCA short name.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>All records are retained and disposed of in accordance with ED Records Schedule 075:  FSA Loan Servicing, Consolidation, and Collections Records (N1-441-09-016) (ED 075).  The Department has submitted amendments to ED 075 for NARA’s consideration and will continue to preserve all records covered by ED 075 until the amendments are approved.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>All physical access to the Department’s site, and to the sites of the Federal Loan Servicers, the Federal Perkins Loan Servicer, PCAs, and other contractors listed in this notice, 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.</p>
            <p>In accordance with the Department’s Administrative Communications System Directive ACSD-OFO-013 entitled "Contractor Employee Personnel Security Screenings," all contract personnel who have facility access and system access are required to undergo a security clearance investigation.  Individuals requiring access to Privacy Act records are required to hold, at a minimum, a moderate-risk security clearance level.  These individuals are required to undergo periodic screening at five-year intervals.</p>
            <p>In addition to conducting security clearances, contract and Department employees are required to complete security awareness training on an annual basis. Annual security awareness training is required to ensure that contract and Department users are appropriately trained in safeguarding Privacy Act records.</p>
            <p>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 identification and password.  The Department’s Information Technology (IT) Identification and Authentication (IA) Standard requires the enforcement of a complex password policy.  In addition to the enforcement of a complex password policy, users are required to change their password at least every 90 days or based on the Zero Trust Strategy/Plan in accordance with the Department’s IT IA standards.</p>
            <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security and privacy controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
            <p>FISMA controls implemented comprise a combination of management, operational, and technical controls, and include the following control families:  access control, awareness and training, audit and accountability, assessment, authorization, and monitoring, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, program management, personnel security, personally identifiable information processing and transparency, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and supply chain risk management.</p>
            <p>All of the Federal Loan Servicers, NFP Federal Loan Servicers, the Federal Perkins Loan Servicer, PCAs, and other contractors, as listed in "SYSTEM LOCATION," undergo FISMA security authorizations.  In addition, access is monitored 24 hours per day, 7 days a week.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>If you wish to gain access to a record in this system, provide the system manager with your name, date of birth, and SSN.  Requests by an individual for access to a record must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>If you wish to contest the content of a record in this system of records, contact the system manager with your name, date of birth, and SSN; identify the specific items to be changed; and provide a written justification for the change.  Requests to amend a record must meet the requirements of the regulations in 34 CFR 5b.7.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>If you wish to determine whether a record exists regarding you in this system of records, provide the system manager with your name, date of birth, and SSN.  Requests must meet the requirements of the regulations in 34 CFR 5b.5 and 5b.7, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None. </p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>The system of records entitled "Common Services for Borrowers (CSB)" (18–11–16) was originally published in the Federal Register on January 23, 2006 (71 FR 3503-3507), modified on September 12, 2014 (79 FR 54685-54695) and on September 2, 2016 (81 FR 60683-60691), and last modified on September 13, 2022 (87 FR 56003-56015).</p>

        </xhtmlContent></subsection></section>

            <section id="ed18-11-17" toc="yes">
<systemNumber>18-11-17</systemNumber>
<subsection type="systemName">Financial Management System (FMS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Financial Management Group, Office of the Chief Financial Officer (OCFO), Federal
Student Aid, U.S. Department of Education, 830 First Street, NE., Union Center Plaza (UCP), room
54C3, Washington, DC 20202-5345.
</p><p>(2) Perot Systems Corporation, 2300 W. Plano Parkway, Plano, TX 75075-8427.
</p><p>(3) ACS Education Services, Inc., 501 Bleecker Street, Utica, NY 13501-2401.
</p><p>(4) ACS Education Solutions, LLC, 12410 Milestone Center, Germantown, MD 20876-7101.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on those individual borrowers who are eligible for refunds of
loan overpayments received by the Department's Office of Federal Student Aid under Title IV of the
Higher Education Act of 1965, as amended.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The FMS system contains personally identifiable information about individual borrowers who
are entitled to a refund of an overpayment or discharge, or both. The system includes a borrower's
social security number, name and address, amount of overpayment to be refunded, and name of the loan
holder.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title IV of the Higher Education Act of 1965, as amended (HEA), (20 U.S.C. 1070 <i>et seq.
</i>).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in this system is maintained for the purpose of processing refunds to borrowers
or loan holders (lenders and guaranty agencies) for overpayments and discharges of Title IV Federal
student aid. When a loan overpayment or loan discharge occurs and FMS receives loan refund
information, FMS sends refund transaction data (the borrower's name and other identifiers) to the
Department of Education's Central Automated Processing System (EDCAPS) for posting to the general
ledger and subsequent payment by the Department of the Treasury to the borrower or loan holder
(lenders and guaranty agencies).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record 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.
</p><p>These disclosures may be made on a case-by-case basis, or, if the Department has complied with
the computer matching requirements of the Computer Matching and Privacy Protection Act of 1988, as
amended, under a computer matching agreement.
</p><p>(1) <i>Program Disclosure.</i> In order to refund loan overpayments back to the borrower or loan
holder and to answer questions that may arise about the refund payments, the Department may disclose
information from this system to the Department of the Treasury via Treasury's Electronic
Certification System (eCS) or to the loan holder.
</p><p>(2) <i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(3) <i>Research Disclosure.</i> The Department may disclose records to a researcher if the
Director, Financial Management Group, Office of Chief Financial Officer, Federal Student Aid,
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 Director
may disclose records from this system of records to that researcher solely for the purpose of
carrying out research related to the functions or purposes of this system of records. The researcher
shall be required to maintain Privacy Act safeguards with respect to the disclosed records.
</p><p>(4) <i>Disclosure for Use by Other Law Enforcement Agencies.</i> The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutorial responsibility within the receiving entity's jurisdiction.
</p><p>(5) <i>Enforcement Disclosure.</i> 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, Executive order, regulation, or rule 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, order, regulation, or rule,
issued pursuant thereto.
</p><p>(6) <i>Litigation and Alternative Dispute Resolution (ADR) Disclosure.</i>
</p><p>(a) <i>Introduction.</i> In the event that one of the following parties listed below 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:
</p><p>(i) The Department or any of its components.
</p><p>(ii) Any Department employee in his or her official capacity.
</p><p>(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.
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee.
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) <i>Disclosure to the DOJ.</i> 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.
</p><p>(c) <i>Adjudicative Disclosure.</i> If the Department determines that it is relevant and
necessary to the litigation or ADR to disclose certain records to an adjudicative body before which
the Department is authorized to appear, to an individual, or to 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, individual, or entity.
</p><p>(d) <i>Disclosure to Parties, Counsel, Representatives, or Witnesses.</i> If the Department
determines that disclosure of certain records to a party, counsel, representative, or witness is
relevant and necessary to litigation or ADR, the Department may disclose those records as a routine
use to a party, counsel, representative, or witness.
</p><p>(7) <i>Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.</i> The Department may
disclose records to the DOJ or the 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
Privacy Act.
</p><p>(8) <i>Disclosure to the DOJ.</i> The Department may disclose records to the DOJ to the extent
necessary to obtain DOJ advice on any matter relevant to an audit, inspection, or other inquiry
related to the programs covered by this system.
</p><p>(9) <i>Congressional Member Disclosure.</i> The Department may disclose the records of an
individual to a member of Congress or the member's staff 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 the inquiry.
</p><p>(10) <i>Disclosure in the Course of Responding to Breach of Data.</i> The Department may disclose
records from this system of records to appropriate agencies, entities, and persons when: (a) The
Department suspects or has confirmed that the security or confidentiality of information in the FMS
has been compromised; (b) the Department has determined that as a result of the suspected or
confirmed compromise, there is a risk of harm to economic or property interests, identity theft or
fraud, or harm to the security or integrity of the FMS or other systems or programs (whether
maintained by the Department or another agency or entity) that rely upon the compromised
information; 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 compromise and prevent, minimize, or remedy such harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hardcopy, microfilm, magnetic storage and optical storage media,
such as tape, disk, etc.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are retrievable by social security number or name of borrower.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This system of records 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 identification and are required to establish
a password that adheres to the Federal Student Aid Information Security and Privacy Policy requiring
a complex password that must be changed every 60-90 days in accordance with Department
information technology standards. Annually, all users of FMS must acknowledge the completion of FMS-
specific security awareness training before they can obtain or renew their access to this system of
records. An automated audit trail documents the identity of each person and device having access to
FMS.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>FMS' records retention and disposal schedule is in compliance with the Department's Records
Retention and Disposition Schedule (RRDS) policy and the guidance specified in the National Archives
and Records Administration (NARA) General Records Schedule (GRS) 7 entitled "Expenditure
Accounting Records."
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>(1) Financial Management System (FMS)--Director, Financial Management Group, OCFO,
Federal Student Aid, U.S. Department of Education, 830 1st Street, NE., UCP, Washington, DC 20202
-5345.
</p><p>(2) Direct Loan Servicing System (DLSS)--Director, Servicing Group, Borrower Services,
Federal Student Aid, U.S. Department of Education, 830 1st Street, NE., UCP, Washington, DC 20202
-5345.
</p><p>(3) Direct Loan Consolidation System (DLCS)--Director, Consolidation Group, Borrower
Services, Federal Student Aid, U.S. Department of Education, 830 1st Street, NE., UCP, Washington,
DC 20202-5345.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
provide the system manager with your name, date of birth, and social security number. Your requests
must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system of records, provide the system manager
with your name, date of birth, and social security number. Your requests for access to a record must
meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request to correct or amend a record must meet the requirements of
the regulations in 34 CFR 5b.7, including proof of identity, specification of the particular record
that you are seeking to have changed, and the written justification for making such a change.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from other Department and contractor-managed systems,
such as the Direct Loan Servicing, Direct Loan Consolidation System, Conditional Disability
Discharge Tracking System, Campus Based Student Loan System, as well as manual and electronic
processes internal to Federal Student Aid.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-11-18" toc="yes">
<systemNumber>18-11-18</systemNumber>
<subsection type="systemName"> Data Challenges and Appeals Solutions (DCAS) System.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p> None.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1)  Operations Performance Division, Gainful Employment Team, Federal Student Aid, U.S. Department of Education, Union Center Plaza, 830 First Street, NE., room 62A4, Washington, DC 20202-5353.</p>
<p> (2)  Virtual Data Center (VDC), Dell Systems, 2300 W. Plano Parkway, Plano, TX 75075-8427 (Department’s Contractor).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p> The DCAS System contains records on all recipients under title IV of the Higher Education Act of 1965, as amended (HEA), who receive loans, grants, or work-study.  Although the DCAS System contains information about institutions associated with individuals, this system of records notice pertains only to individuals protected under the Privacy Act of 1974, as amended (Privacy Act).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p> The DCAS System contains records regarding:  (1) student/borrower identifier information including Social Security number and name; (2) loan information (e.g., last date of attendance, date entered repayment, default date); (3) student status information (e.g., program enrollment information, dates of enrollment, amounts paid for tuition and fees); and (4) documentation submitted by an institution of higher education (institution) or data manager to support its data challenges, requests for adjustments, or appeals (e.g., enrollment verification, copies of cancelled checks, etc.).  Note:  Data managers are determined on the basis of the holder of the loan.  For FFEL Program loans held by the lender or its guaranty agency, the guaranty agency is the data manager for the purpose of the appeal.  If the Department is the holder of the FFEL Program loan, then the Department is the data manager.  For Direct Loans, the Direct Loan servicer is the data manager.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p> 20 U.S.C. 1001, 1002, 1082, 1085, 1088, 1094, 1099c.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p> The information contained in the records maintained in this system is used for the following purposes:</p>
<p>(1)  To allow institutions to electronically challenge, request adjustments to, and appeal their cohort default rates (CDRs) and calculations (GE calculations) required under the Department’s regulations that apply to educational programs that are required to prepare students for gainful employment in a recognized occupation (GE regulations).</p>
<p>(2)  To allow FSA and data managers to electronically view and respond to these challenges, requests for adjustments, and appeals from institutions.  </p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>The Department may disclose information contained in a record 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, under a computer matching agreement.</p>
<p>(1)  <i>Program Disclosures.</i>  The Department may disclose records to the institution or data manager responsible for entering the information into the DCAS System, in order to provide an institution with an opportunity to challenge the accuracy of the data and the calculations made by the Department using that data, and to obtain clarification or additional information to assist in determining the outcome of the challenges, requests for adjustments, or appeals.</p>
<p>(2)  <i>Disclosure for Use by Other Law Enforcement Agencies.</i>  The Department may disclose information to any Federal, State, local, or foreign agency, or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity’s jurisdiction.</p>
<p>(3)  <i>Enforcement Disclosure.</i>  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 statutory, regulatory, or legally binding requirement, 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.</p>
<p>(4)  <i>Litigation and Alternative Dispute Resolution (ADR) Disclosure.</i></p>
<p>(a)  <i>Introduction.</i>  In the event that one of the parties listed below 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:</p>
<p>(i)  The Department or any of its components.</p>
<p>(ii)  Any Department employee in his or her official capacity.</p>
<p>(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.</p>
<p>(iv)  Any Department employee in his or her individual capacity where the Department has agreed to represent the employee.</p>
<p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
<p>(b)  <i>Disclosure to DOJ.</i>  If the Department determines that disclosure of certain records to DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to DOJ.  </p>
<p>(c)  <i>Adjudicative Disclosure.</i>  If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to an individual, or to 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, individual, or entity.</p>
<p>(d)  <i>Disclosure to Parties, Counsel, Representatives, or Witnesses.</i>  If the Department determines that disclosure of certain 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.</p>
<p>(5)  <i>Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.</i>  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.</p>
<p>(6)  <i>Contract Disclosure.</i>  If the Department contracts with an entity to perform any function that requires disclosing records to the contractor's employees, the Department may disclose the records to those employees.  Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.</p>
<p>(7)  <i>Congressional Member Disclosure.</i>  The Department may disclose the records of an individual to a member of Congress or the member’s staff 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 the inquiry.</p>
<p>(8)  <i>Disclosure in the Course of Responding to Breach of Data.</i>  The Department may disclose records to appropriate agencies, entities, and persons when (1) it is suspected or confirmed that the security or confidentiality of information in the DCAS System has been compromised; (2) the Department has determined that as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of the DCAS System or other systems or programs (whether maintained by the Department or by another agency or entity) that rely upon the compromised information; and (3) the disclosure is made to such agencies, entities, and persons who are reasonably necessary to assist the Department in responding to the suspected or confirmed compromise and in helping the Department prevent, minimize, or remedy such harm.</p>
<p>Disclosure to consumer reporting agencies:</p>
<p> None.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p> Records are maintained in a database on the Department’s secure servers and in other electronic storage media.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p> Records are retrieved by a unique institution of higher education code number provided by the Department to participating institutions and the borrower’s Social Security number.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p> Access to the records is limited to authorized personnel only.  All physical access to the Department’s site, and to the site of the Department’s contractor where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the buildings for his or her employee or visitor badge.</p>
<p> The computer system employed by the Department and by the Department’s contractor 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 an individual user’s ability to access and alter records within the system.  All users of this system of records are given a unique user identification.  The Department’s Federal Student Aid Information Security Privacy Policy requires the enforcement of a complex password policy.  In addition, users are required to change their password at least every 60 to 90 days in accordance with the Department’s information technology standards.  At the principal site of the Department’s contractor in Plano, Texas, additional physical security measures are in place and access is monitored 24 hours per day, 7 days a week.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p> The records associated with an institution's challenges, requests for adjustments, or appeals are currently unscheduled pending National Archives and Records Administration (NARA) approval of a records retention schedule.  Until a NARA-approved records schedule is in effect, no records will be destroyed.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p> Nikki Harris, Operations Performance Division, Gainful Employment Team, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street, NE., room 62A4, Washington, DC 20202-5353.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p> If you wish to determine whether a record exists regarding you in the system of records, contact the system manager.  Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p> If you wish to gain access to your record in the system of records, contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS.  Requests should contain your full name, address, and telephone number.  Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p> If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the regulations in 34 CFR 5b.7, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p> Information maintained in this system of records is obtained from institutions of higher education, data managers, and other FSA systems of records, including the National Student Loan Data System (18-11-06).</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p> None.

</p></xhtmlContent></subsection></section>
    <section id="ed18-11-20" toc="yes">
<systemNumber>18-11-20</systemNumber>
<subsection type="systemName">Health Education Assistance Loan (HEAL) Program.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>
  Unclassified.</p></xhtmlContent>
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p> Dell Perot Systems, 2300 West Plano Parkway, Plano, TX 75075-8247.  (This is the location for the HEAL program Virtual Data Center (VDC)).</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p> Director, Systems Integration Division, Systems Operations and Aid Delivery Management Services, Business Operations, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., room 44F1, UCP, Washington, DC 20202-5454.  Telephone:  (202) 377–3547.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p> The authority for maintenance of the system includes sections 701 and 702 of the Public Health Service Act, as</p>
<p>amended (PHS Act) (42 U.S.C. 292 and 292a), which authorize the establishment of a Federal program of student loan insurance; section 715 of the PHS Act (42 U.S.C. 292n), which directs the Secretary of Education to require institutions to provide information for each student who has a loan; section 709(c) of the PHS Act (42 U.S.C. 292h(c)), which authorizes disclosure and publication of HEAL defaulters; the Debt Collection Improvement Act (31 U.S.C. 3701 and 3711–3720E); and the Consolidated Appropriations Act, 2014, Div. H, title V, section 525 of Pub. L. 113–76, which transferred the authority to administer the HEAL program from the Secretary of Health and Human Services (HHS) to the Secretary of Education.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p> The information maintained in this system of records is used for the following purposes:</p>
<p>     (1)  To verify the identity of an individual;</p>
<p> (2)  To determine program benefits;</p>
<p> (3)  To enforce the conditions or terms of a loan;</p>
<p> (4)  To service, collect, assign, adjust, transfer, refer, or discharge a loan;</p>
<p> (5)  To counsel a borrower in repayment efforts;</p>
<p> (6)  To investigate possible fraud or abuse or verify compliance with any applicable statutory, regulatory, or legally binding requirement;</p>
<p> (7)  To locate a delinquent or defaulted borrower or an individual obligated to repay a loan;</p>
<p> (8)  To prepare a debt for litigation, provide support services for litigation on a debt, litigate a debt, or audit the results of litigation on a debt;</p>
<p> (9)  To prepare for, conduct, enforce, or assist in the conduct or enforcement of a Medicare Exclusion of the individual in default on a HEAL loan;</p>
<p> (10)  To ensure that program requirements are met by HEAL program participants; </p>
<p> (11)  To verify whether a debt qualifies for discharge, cancellation, or forgiveness;</p>
<p> (12)  To conduct credit checks or respond to inquiries or disputes arising from information on the debt already furnished to a credit-reporting agency;</p>
<p> (13)  To investigate complaints;</p>
<p> (14)  To refund credit balances to the individual or loan holder;</p>
<p> (15)  To report to the Internal Revenue Service (IRS) information required by law to be reported, including, but not limited to, reports required by 26 U.S.C. 6050P and 6050S;</p>
<p> (16)  To compile and generate managerial and statistical reports; and</p>
<p> (17)  To carry out the statutory requirement to compile and publish a list of the HEAL program borrowers who are in default.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p> The HEAL program system covers recipients of HEAL program loans that remain outstanding.  This system also contains records on HEAL program loans that are paid in full.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p> Each HEAL recipient record contains the borrower’s name, contact information (such as email address and telephone number), area of practice, Social Security number (SSN) or other identifying number, birth date, demographic background, educational status, loan location and status, and financial information about the individual for whom the record is maintained.  Each loan record contains lender and school identification information.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p> Record source categories include individual loan recipients, HEAL schools, lenders, holders of HEAL loans and their agents, HHS, and other Federal agencies. Information in this system also may be obtained from other persons or entities to which records may be disclosed as described in the routine uses set forth below.</p>
</xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p> 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 information in 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. Return information that the Department obtains from the Internal Revenue Service (IRS) (i.e., taxpayer mailing address) under the authority in 26 U.S.C. 6103(m)(2) or (m)(4) may be disclosed only as authorized by 26 U.S.C. 6103.</p>
<p> (1)  Program Disclosures.  The Department may disclose records for the following program purposes:</p>
<p> (a)  To verify the identity of the individual whom records indicate has received the loan, disclosures may be made to HEAL program participants, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; educational and financial institutions; present and former employers; collection agencies; creditors; consumer reporting agencies; adjudicative bodies; and the individual whom the records identify as the party obligated to repay the debt;</p>
<p> (b)  To determine program benefits, disclosures may be made to HEAL program participants, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; educational and financial institutions; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies;</p>
<p> (c)  To enforce the conditions or terms of the loan, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies;</p>
<p> (d)  To permit servicing, collecting, assigning, adjusting, transferring, referring, or discharging a loan, disclosures may be made to HEAL program participants; educational institutions, or financial institutions that made, held, serviced, or have been assigned the debt, and their authorized representatives; a party identified by the debtor as willing to advance funds to repay the debt; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies;   </p>
<p> (e)  To counsel a borrower in repayment efforts, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; and Federal, State, or local agencies, and their authorized representatives;</p>
<p> (f)  To investigate possible fraud or abuse or verify compliance with any applicable statutory, regulatory, or legally binding requirement, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies;</p>
<p> (g)  To locate a delinquent or defaulted borrower, or an individual obligated to repay a loan, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies;</p>
<p>  (h)  To prepare a debt for litigation, to provide support services for litigation on a debt, to litigate a debt, or to audit the results of litigation on a debt, disclosures may be made to HEAL program participants, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; and adjudicative bodies;</p>
<p> (i)  To prepare for, conduct, enforce, or assist in the conduct or enforcement of a Medicare exclusion action in accordance with 42 U.S.C. 1320a-7(b)(14), disclosures may be made to HEAL program participants; educational or financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; and adjudicative bodies;</p>
<p> (j)  To ensure that HEAL program requirements are met by HEAL program participants, disclosures may be made to HEAL program participants; educational or financial institutions, and their authorized representatives; auditors engaged to conduct an audit of a HEAL program participant or of an educational or financial institution; Federal, State, or local agencies, and their authorized representatives; accrediting agencies; and adjudicative bodies;</p>
<p> (k)  To verify whether a debt qualifies for discharge, forgiveness, or cancellation, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; consumer reporting agencies; and adjudicative bodies;</p>
<p> (l)  To conduct credit checks or to respond to inquiries or disputes arising from information on the debt already furnished to a credit reporting agency, disclosures may be made to credit reporting agencies; HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; creditors; and adjudicative bodies;</p>
<p> (m)  To investigate complaints, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives; present and former employers; creditors; credit reporting agencies; and adjudicative bodies;</p>
<p> (n)  To refund credit balances that are processed through the Department’s systems, as well as the U.S. Department of the Treasury’s (Treasury’s) payment applications, to the individual or loan holder, disclosures may be made to HEAL program participants; educational and financial institutions, and their authorized representatives; Federal, State, or local agencies, and their authorized representatives; private parties, such as relatives and business and personal associates; present and former employers; and creditors;</p>
<p> (o)  To report information required by law to be reported, including, but not limited to, reports required by 26 U.S.C. 6050P and 6050S, disclosures may be made to the IRS; and</p>
<p> (p)  To allow the Department to make disclosures to governmental entities at the Federal, State, local, or Tribal levels regarding the practices of Department contractors who have been provided with access to the HEAL program system with regards to all aspects of loans made under the HEAL program, in order to permit these governmental entities to verify the contractors’ compliance with debt collection, financial, and other applicable statutory, regulatory, or local requirements.  Before making a disclosure to these Federal, State, local, or Tribal governmental entities, the Department will require them to maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
<p> (2)  Feasibility Study Disclosure.  The Department may disclose information from this system of records to other Federal agencies to determine whether pilot matching programs should be conducted by the Department for purposes such as to locate a delinquent or defaulted debtor or to verify compliance with program regulations. </p>
<p> (3)  Enforcement Disclosure.  In the event that information in this system of records indicates, either alone or in connection with other information, a violation or potential violation of any applicable statutory, regulatory, or legally binding requirement, the Department may disclose the relevant records to an entity charged with the responsibility for investigating or enforcing those violations or potential violations.</p>
<p> (4)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
<p> (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 such 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:</p>
<p> (i)  The Department or any of its components;</p>
<p> (ii)  Any Department employee in his or her official capacity;</p>
<p> (iii)  Any Department employee in his or her individual capacity where the Department of Justice (DOJ) has been requested to or agrees to provide or arrange for representation for the employee;</p>
<p> (iv)  Any Department employee in his or her individual capacity where the Department requests representation for or has agreed to represent the employee; and</p>
<p> (v)  The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
<p> (b)  Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the 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.</p>
<p> (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 an 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 the adjudicative body, person, or entity.</p>
<p> (d)  Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
<p> (5)  Employment, Benefit, and Contracting Disclosure.</p>
<p> (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.</p>
<p> (b)  For Decisions by Other Public Agencies and Professional Organizations.  The Department may disclose a record to a Federal, State, local, 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.</p>
<p> (6)  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; to a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.</p>
<p> (7)  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. </p>
<p> (8)  Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or to the Office of Management and Budget (OMB) if the Department determines that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act.</p>
<p> (9)  Disclosure to the DOJ.  The Department may disclose records to the DOJ, or the authorized representative of 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.</p>
<p> (10)  Contracting 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 protect the security and confidentiality of the records in the system. </p>
<p> (11)  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 maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
<p> (12)  Congressional Member Disclosure.  The Department may disclose the records of an individual to a Member of Congress in response to an inquiry from the Member made at the written request of that individual whose records are being disclosed.  The Member's right to the information is no greater than the right of the individual who requested the inquiry.</p>
<p> (13)  Disclosure to OMB for Credit Reform Act (CRA) Support.  The Department may disclose records to OMB or the Congressional Budget Office as necessary to fulfill CRA requirements in accordance with 2 U.S.C. 661b.</p>
<p> (14)  Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records to appropriate agencies, entities, and persons when (a) the Department suspects or has confirmed that there has been a breach of the system of records; (b) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (including its information systems, 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.</p>
<p> (15) 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.</p>
<p> (16)  Disclosure of Information to Treasury.  The Department may disclose records from this system to (a) a Federal or State agency, its employees, agents (including contractors or subcontractors of its agents), or contractors or subcontractors, (b) a fiscal or financial agent designated by the Treasury, including employees, agents, or contractors of such agent, or (c) the judicial or legislative branches of the United States, as defined in paragraphs (2) and (3), respectively, in 18 U.S.C. 202(e), for the purpose of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds, including funds disbursed by a State in a State-administered, federally funded program.   </p>
<p> (17)  Disclosure of Defaulted Debtors in Federal Register Publication.  In accordance with the directive in 42 U.S.C. 292h(c), ED must publish in the Federal Register a list of borrowers who are in default on a HEAL loan.  The Department will publish the names of the defaulted borrowers, last known city and State, area of practice, and amount of HEAL loan in default.  The Department will publish the information about the borrower, as well as the names, in order to correctly identify the person in default and to provide relevant information to the authorized recipients of this information, such as State licensing boards and hospitals. </p>
<p> (18)  Disclosure of Defaulted Debtors to Other Authorized Parties.  In accordance with the directive in 42 U.S.C. 292h(c)(2), disclosure of borrowers who are in default on a HEAL loan may be made to relevant Federal agencies, schools, school associations, professional and specialty associations, State licensing boards, hospitals with which a HEAL loan defaulter may be associated, or other similar organizations.</p>
<p>DISCLOSURE TO CONSUMER REPORTING AGENCIES:</p>
<p> Disclosures pursuant to 5 U.S.C. 552a(b)(12) (as set forth in 31 U.S.C. 3711(e)):  Disclosures may be made from</p>
<p>this system to "consumer reporting agencies," as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Debt Collection Improvement Act (31 U.S.C. 3701(a)(3)).  Disclosures may only be made regarding a valid, overdue claim of the Department; 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).  The purpose of these disclosures is to provide an incentive for debtors to repay delinquent Federal Government debts by making these debts part of their credit records. </p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p> Records are maintained in database servers, file folders, compact discs, digital versatile discs, and magnetic tapes.</p>
</xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p> Records are retrieved by SSN or other identifying number.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p> All records are retained and disposed of in accordance with Department records schedule, National Archives and Records Administration (NARA) disposition authority DAA-0441-2017-002 ("FSA Health Education Assistance Loan (HEAL) Program Online Processing System (HOPS)").  Records shall be destroyed seven years after cutoff.  Cutoff is annually upon final payment or discharge of the loan.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>All users of the HEAL System will have a unique user ID with a password.  All physical access to the data housed within the VDC is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge.  The computer system employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection.  This security system limits data access to Department and contract staff on a "need-to-know" basis, and controls individual users’ ability to access and alter records within the system.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p> If you wish to gain access to your record in the system of records, provide the System Manager with necessary particulars such as your name, date of birth, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Requests by an individual for access to a record must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p> If you wish to contest the content of your record in the system of records, provide the System Manager with necessary particulars such as your name, date of birth, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  You must also provide a reasonable description of the record, specify the information being contested, the corrective action sought, and the reasons for requesting the correction, along with supporting information to show how the record is inaccurate, incomplete, untimely, or irrelevant.  Requests by an individual to amend a record must meet the requirements of the regulations in 34 CFR 5b.7.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p> If you wish to determine whether a record exists about you in the system of records, provide the System Manager with necessary particulars such as your name, date of birth, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Your request must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity. </p>
</xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p> None.</p>
</xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p> The system of records entitled "Health Education Assistance Loan (HEAL) Program" (18-11-20) was previously maintained by the HHS, at which time it was entitled "Health Education Assistance On-Line Processing System (HOPS)" (09-15-0044).  HHS last published that system of records in the Federal Register on February 1, 2010 (75 FR 5094-5097).  The system was modified in the transfer from HHS to the Department.  The Department published a revised system of records notice in the Federal Register on June 26, 2014 (79 FR 36299-36302), changing the name and numbering of the system of records to the "Health Education Assistance Loan (HEAL) program" (18-11-20).  The Department published a notice of a modified system of records in the Federal Register on January 23, 2017 (82 FR 7807-7812)  Through this notice, the Department modifies the January 23, 2017, notice of a modified system of records and republishes in full the HEAL program system of records notice in the required format found in OMB Circular No. A-108, issued on December 23, 2016.</p></xhtmlContent></subsection></section>
    <section id="ed18-11-21" toc="yes">
        <systemNumber>18-11-21</systemNumber>
        <subsection type="systemName">
            <p>Aid Awareness and Application Processing (18-11-21)</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p> U.S. Department of Education, 830 First Street NE, Washington, DC 20202.</p>
                <p> The following locations are for the Central Processing System (CPS):</p>
                <p> Lee’s Summit Federal Records Center, National Archives and Records Administration (NARA), 200 Space Center Drive, Lee’s Summit, MO 6464-1182 (Note:  This is where paper applications are stored);</p>
                <p> General Dynamics Information Technology (GDIT) Image and Data Capture (IDC) Center, 1084 South Laurel Road, Building 1, London, KY 40744 (Note:  The IDC scans paper financial aid documents and correspondence, key-enters the data and electronically transmits the data and related images to the CPS for processing);</p>
                <p> Next Generation Data Center (NGDC), 250 Burlington Drive, Clarksville, VA 23927 (Note:  NGDC hosts the infrastructure that supports CPS applications including backend application processing); and </p>
                <p> CPS Print Facility, 327 Columbia Pike, Rensselaer, NY 12144 (Note:  This facility handles print operations).</p>
                <p>The following locations are for the Free Application for Federal Student Aid (FAFSA®) Processing System (FPS):</p>
                <p>Perspecta/Peraton, 15052 Conference Center Drive, Chantilly, VA  20151 (Note:  Perspecta supports the FSA-provided development, security, and operations (DevSecOps) toolchain configuration; coordinates environment building; and supports technical operations activities and application modernization);</p>
                <p>Information Capture Solutions (ICS), 25 Air Park Drive, London, KY 40744 (Note:  ICS provides image and data capture, print/mailing operational services, and builds and operates the IDC);</p>
                <p>iWorks, 1889 Preston White Drive, Suite 100, Reston, VA  20191 (Note:  iWorks provides quality control managers (key personnel); develops and updates the quality control plan; oversees/validates service level measures; supports internal Capability Maturity Model Integration (CMMI) audits; supports Project Management Office (PMO) activities; and provides application development support using Agile methodologies);</p>
                <p>Red Cedar Consultancy, LLC, 161 Fort Evans Road NE, Suite 200, Leesburg, VA 20176 (Note:  Red Cedar provides application development support using Agile methodologies);</p>
                <p>Windsor Group, LLC, 6820 Wisconsin Avenue, Unit 4004, Chevy Chase, MD 20815 (Note:  Windsor Group provides quality resources in system security, database administration, and technical writing); and</p>
                <p>Jazz Solutions, LLC, 20745 Williamsport Place, Suite 320, Ashburn, VA 20147 (Note:  Jazz Solutions provides application development support using Agile methodologies and supports application programming interface (API) management solutions, including designing, building, and operating services).</p>
                <p>The following locations are for the Digital and Customer Care (DCC) Information Technology (IT) System:</p>
                <p>Salesforce Government Cloud, 415 Mission Street, 3rd Floor, San Francisco, CA 94105 (Note:  The system is accessible via the internet to different categories of users, including Department personnel, customers, and designated agents of the Department at any location where they have internet access.  This site is the location where customer interactions with contact center support via all inbound and outbound channels (phone, email, chat, webform, email, customer satisfaction survey, fax, physical mail, and controlled correspondence) and customer-provided feedback (complaints, suspicious activities, positive feedback, and dispute cases) are tracked and worked by contractors and the Department.  This site also contains workflow management for processing tasks including, but not limited to:  credit appeals, borrower defense to repayment, commingled Social Security numbers (SSNs), and archived document retrieval in the Common Origination and Disbursement (COD) System, and the FAFSA special correction application process.  This site stores customer-provided documentation to support the interactions and processing tasks, as needed.  This site will also be used by the Department for determining employer eligibility to support Public Service Loan Forgiveness (PSLF), and Office of Inspector General (OIG) fraud referrals);</p>
                <p>Amazon Web Services (AWS) GovCloud (East/West), 410 Terry Avenue, North Seattle, WA 98109-5210 (Note:  The DCC IT system is hosted at this location.  This site is the location where the Shado (Dynamo) application collects, processes, stores, and makes available user activity events from across the DCC IT system to provide a complete view of the customer to the Department and its contractors.  This site is also the location where the Adobe Marketing Campaign application delivers strategic and real-time personalized email and short message service (SMS) communications); and</p>
                <p>Contact Center Fulfillment Center (Senture facility), 4255 W. Highway 90, Monticello, KY 42633 (Note:  This facility handles mail fulfillment and imaging operations).</p>
                <p>The following 10 listings are the locations of the Aid Awareness and Application Processing Customer Contact Centers: Jacksonville Contact Center, One Imeson Park Boulevard, Jacksonville, FL 32118; Knoxville, TN Servicing Center, 120 N. Seven Oaks Drive, Knoxville, TN 37922; 1600 Osgood Street, Suite 2-120, North Andover, MA 01845; 11499 Chester Road, Suite 101, Sharonville, OH 45246; 100 Domain Drive, Suite 200, Exeter, NH 03833; 221 N. Kansas Street, Suite 700, El Paso, TX 79901; 4255 W. Highway 90, Monticello, KY 42633; 555 Vandiver Drive, Columbia, MO 65202; 633 Spirit Drive, Chesterfield, MO 63005; and 820 First Street, NE, Washington, DC 20002.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>CPS – System Manager, Student Experience and Aid Delivery, FSA, U.S. Department of Education, Union Center Plaza (UCP), 830 First Street, NE, Washington, DC 20202-5454.</p>
                <p>FPS – Information System Owner, Technology Directorate, Federal Student Aid, U.S. Department of Education, Union Center Plaza, 830 First Street, NE, Washington, DC 20202-5454.</p>
                <p>Ombudsman, FSA, U.S. Department of Education, UCP, 830 First Street, NE, Washington, DC 20202-5454.</p>
                <p>DCC – Information System Owner, Technology Directorate, Federal Student Aid, U.S. Department of Education, Union Center Plaza, 830 First Street, NE, Washington, DC 20202-5454.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> The authority is title IV of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1070 et seq.); 20 U.S.C. 1018(f) and 1087e(h); and the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the Federal student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency).  The collection of SSNs of individuals, and parents of dependent students, who apply for or receive Federal student financial assistance under programs authorized by title IV of the HEA is also authorized by 31 U.S.C. 7701 and Executive Order 9397, as amended by Executive Order 13478 (November 18, 2008).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p> The information contained in this system is maintained for the following purposes related to applying for Federal student financial assistance and administering title IV, HEA programs:  (Note:  Different parts of the HEA use the terms "discharge," "cancellation," or "forgiveness" to describe when a borrower’s loan amount is reduced in whole or in part by the Department.  To reduce complexity, this system of records notice uses the term "discharge" to include all three terms ("discharge," "cancellation," and "forgiveness"), including but not limited to discharges of student loans made pursuant to specific benefit programs.  At times, the system of records notice may refer by name to a specific benefit program, such as the "Public Service Loan Forgiveness" program; such specific references are not intended to exclude any such program benefits from more general references to loan discharges.)</p>
                <p>(1) Assisting with the determination, correction, processing, tracking, and reporting of program eligibility and benefits for the Federal student financial assistance programs authorized by title IV of the HEA, including, but not limited to, discharge of eligible loans under title IV, HEA programs;</p>
                <p>(2) Making a loan or grant;</p>
                <p>(3) Verifying the identity of the applicant for Federal financial assistance under title IV of the HEA, the spouse of a married applicant, the parent(s) of a dependent applicant, and, until CPS is decommissioned after September 30, 2024, an individual who applies for an FSA ID; and verifying the accuracy of the information in this system;</p>
                <p>(4) Reporting the results of the need analysis and Federal Pell Grant eligibility determination to applicants, institutions of higher education (IHEs), third-party servicers, State agencies designated by the applicant, and Departmental and investigative components;</p>
                <p>(5)  Reporting the results of duly authorized matching programs between the Department and other Federal agencies and between the Department and State or local governments, or agencies thereof, to applicants, IHEs, third-party servicers, State agencies designated by the applicant, and Departmental and investigative components where the Department is required by law to do so or where it would be essential to the conduct of the matching program to report, such as for the imposition of criminal, civil, or administrative sanctions;</p>
                <p>(6) Enforcing the terms and conditions of a title IV, HEA loan or grant;</p>
                <p>(7) Servicing and collecting a delinquent title IV, HEA loan or grant;</p>
                <p>(8) Initiating enforcement action against individuals, IHEs, or other entities involved in program fraud, abuse, or noncompliance;</p>
                <p>(9) Locating a debtor or recipient of a grant overpayment;</p>
                <p>(10) Maintaining a record of the data supplied by those requesting title IV, HEA program assistance;</p>
                <p>(11) Ensuring compliance with and enforcing title IV, HEA programmatic requirements and various consumer protection laws;</p>
                <p>(12) Acting as a repository and source for information necessary to fulfill the requirements of title IV of the HEA;</p>
                <p>(13) Evaluating title IV, HEA program effectiveness;</p>
                <p>(14) Enabling IHEs and State grant agencies designated by the applicant to review and analyze the financial aid data of their applicant population;</p>
                <p>(15) Enabling IHEs and State grant agencies to assist applicants with the completion of the application for the Federal student financial assistance programs authorized by title IV of the HEA;</p>
                <p>(16) Assisting State agencies, eligible IHEs, and other entities that award aid to students and that are designated by the Secretary of Education with making eligibility determinations for the award of aid and with administering these awards; and</p>
                <p>(17) Promoting and encouraging applications for title IV, HEA program assistance, State assistance, and aid awarded by eligible IHEs or by other entities designated by the Secretary of Education.</p>
                <p>The information contained in this system is also maintained for the following purposes related to managing customer engagement:</p>
                <p>(1) Carrying out the duties and responsibilities of the FSA Ombudsman, including investigating and resolving complaints, inquiries, and requests for assistance, updating borrower account records, correcting errors, analyzing complaint trends, and making appropriate recommendations pursuant to 20 U.S.C. 1018(f);</p>
                <p>(2) Carrying out the duties and responsibilities of the Department to provide Federal student loan repayment relief under Federal law;</p>
                <p>(3) Verifying the identity of FSA customers;</p>
                <p>(4) Recording complaints, suspicious activities, positive feedback, and comments as provided by customer interactions with contact center support via inbound and outbound channels (phone, chat, webform, email, customer satisfaction survey, fax, physical mail, social media platforms, digital engagement platforms, and controlled correspondence);</p>
                <p>(5) Tracking individual cases, including complaints, borrower defense submissions, general inquiries, and chat sessions, through final resolution, reporting trends, and analyzing the data to recommend improvements in Federal student financial assistance programs;</p>
                <p>(6) Assisting in the informal resolution of disputes submitted by aid applicants or aid recipients about issues related to title IV, HEA program assistance;</p>
                <p>(7) Carrying out the duties and responsibilities of the Department under the borrower defense to repayment regulations at 34 CFR 685.206 and 685.222 and 34 CFR part 685, subpart D, including receiving, reviewing, evaluating, and processing requests for relief under the borrower defense to repayment regulations; and</p>
                <p>(8) Initiating proceedings, where appropriate, to recover liabilities from an IHE for losses incurred as a result of the act or omission of the IHE participating in the Federal student loan programs.</p>
                <p>The information contained in this system is also maintained for the following purposes related to assisting aid applicants and recipients with Federal student financial assistance programs authorized by title IV of the HEA, and managing customer relationships for marketing and improving customer service:</p>
                <p>(1) Determining employer qualification for borrowers to receive discharge under the PSLF Program;</p>
                <p>(2) Collecting, processing, storing, and making available user activity events and user-submitted documentation from across the DCC IT system to provide a complete view of the customer to the Department and its contractors;</p>
                <p>(3) Sending aid applicants and aid recipients strategic and real-time, personalized communications via email, and SMS "text messages" via mobile phone communications to inform them of title IV, HEA aid marketing campaigns (such as encouraging completion of their FAFSA), and sending transactional communication to customers (such as confirmation emails when a user completes an action);</p>
                <p>(4) Measuring customer satisfaction and analyzing results; and</p>
                <p>(5) Promoting and encouraging the repayment of title IV, HEA program loans in a timely manner.</p>
                <p>The information in this system is also maintained for the following purposes relating to the Department’s administration and oversight of title IV, HEA programs:</p>
                (1)	<p> To support the investigation of possible fraud and abuse and to detect and prevent fraud and abuse in the title IV, HEA Federal grant and loan programs;</p>
                (2)	<p> To support compliance with title IV, HEA statutory and regulatory requirements;</p>
                (3)	<p> To provide an aid recipient’s financial aid history, including information about the recipient’s title IV, HEA loan defaults, title IV, HEA aid receipt, and title IV, HEA grant program overpayments;</p>
                (4)	<p> To facilitate receiving and correcting application data, processing Federal Pell Grants and Direct Loans, and reporting Federal Perkins Loan Program expenditures to the Department’s processing and reporting systems;</p>
                (5)	<p> To support pre-claims/supplemental pre-claims assistance;</p>
                (6)	<p> To assist in locating holders of title IV, HEA loan(s);</p>
                (7)	<p> To assist in assessing the administration of title IV, HEA program funds by guaranty agencies, lenders and loan holders, IHEs, and third-party servicers;</p>
                (8)	<p> To initiate or support a limitation, suspension, or termination action, an emergency action, or a debarment or suspension action;</p>
                (9)	<p> To inform the parent(s) of a dependent applicant of information about the parent(s), or the spouse of a married applicant of information about the spouse, in an application for title IV, HEA funds;</p>
                (10)	<p> To disclose applicant records to the parent(s) of a dependent applicant applying for a PLUS loan (to be used on behalf of a student), to identify the student as the correct beneficiary of the PLUS loan funds, and to allow the processing of the PLUS loan application and promissory note;</p>
                (11)	<p> To expedite the application process;</p>
                (12)	<p> To enable an applicant, at the applicant’s written request, to obtain income information about the applicant from the Internal Revenue Service (IRS) using the Data Retrieval Tool, until CPS is decommissioned after September 30, 2024;</p>
                (13)	<p> To identify, prevent, reduce, and recoup improper payments, prevent fraud, and conduct at-risk campaigns, including protecting customers from Third-Party Debt Relief firms;</p>
                (14)	<p> To help Federal, State, Tribal, and local government entities exercise their supervisory and administrative powers (including, but not limited to licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, lenders and loan holders, and third-party servicers) or to respond to individual aid applicant or recipient complaints submitted regarding the practices or processes of the Department and/or the Department’s contractors, or to update information or correct errors contained in Department records regarding the aid applicant’s or recipient’s title IV, HEA program funds;</p>
                <p>(15) To provide eligible applicants for title IV, HEA aid, and when necessary, the spouse or parents of an applicant, with information about certain Federal means-tested benefits and services for which they may qualify;</p>
                <p>(16)  To collect, track, and process Office of Inspector General (OIG) fraud referrals;</p>
                <p>(17)  To support research, analysis, and development, and the implementation and evaluation of educational policies in relation to title IV, HEA programs; and</p>
                <p>(18)  To conduct testing, analysis, or take other administrative actions needed to prepare for or execute programs under title IV of the HEA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>
                    This system maintains records on individuals who are, were, or may be participants in any of the Federal student financial assistance programs under title IV of the HEA who request assistance from the Department, directly or through State requestors and legal assistance organizations ("third-party requestors") who may request that the Secretary of Education form a group of Federal student loan borrowers for borrower defense relief.   In addition, this system maintains records on individuals who are students in attendance at a secondary school, as defined under 20 U.S.C. 7801(45), for which State grant agencies and other eligible requesting entities such as secondary schools, local educational agencies (LEAs), and Tribal agencies or other designated entities that have an established relationship with the student pursuant to the terms and conditions of the Student Aid Internet Gateway (SAIG) Participation Agreement for State Grant Agencies, submit information (e.g., name, date of birth (DOB), and zip code) to the Department in order for the Department to provide such entities with the student’s FAFSA filing status information to promote and encourage the student to apply for title IV, HEA program assistance, State assistance, and aid awarded by IHEs or by other entities designated by the Secretary of Education, as currently permitted by section 483(a)(3)(E) of the HEA (20 U.S.C. 1090(a)(3)(E)) through June 30, 2024.
                </p>
                <p>This system also maintains records on student and parent applicants (and their third-party preparers), as well as the spouse of a married applicant and the parent(s) of a dependent applicant, who apply for Federal student financial assistance under one of the programs authorized under title IV of the HEA, including, but not limited to the:  (1) Federal Pell Grant Program; (2) Federal Perkins Loans Program; (3) Academic Competitiveness Grant (ACG) Program; (4) National Science and Mathematics Access to Retain Talent (National SMART) Grant Program; (5) Teacher Education Assistance for College and Higher Education (TEACH) Grant Program; (6) Iraq and Afghanistan Service Grant (IASG) Program; (7) Direct Loan Program, which includes Federal Direct Stafford/Ford Loans, Federal Direct Unsubsidized Stafford/Ford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans; (8) Federal Family Education Loan (FFEL) Program; and (9) Federal Insured Student Loan (FISL) Program.</p>
                <p>This system also maintains records on individuals who apply for an FSA ID in the Department’s Person Authentication Service (PAS) system because the Department uses CPS, which maintains records that are part of this system, as a pass-through to send these individuals’ records from the PAS system to the Social Security Administration (SSA) for computer matching in order to assist the Department in verifying their identities.  This pass-through will be terminated when CPS is decommissioned after September 30, 2024.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> This system maintains records that contain the following information:</p>
                <p>(1)Information provided by applicants for title IV, HEA program assistance on an incomplete or completed FAFSA, including, but not limited to, the applicant’s name, address, SSN, DOB, telephone number, driver's license number (which will not be collected on the FAFSA for award year 2024-2025 and onward, and will not be collected by FPS), email address, citizenship status, marital status, legal residence, status as a veteran, educational status, and financial information (including asset and income information). (Note:  The Federal Tax Information (FTI) that the Department will obtain directly from the IRS under the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act, Public Law 116-91, will be maintained in a separate system of records entitled "FUTURE Act System (FAS)" (18-11-23) for which the Department will publish a system of records notice in the Federal Register);</p>
                <p>(2)Information provided about the parent(s) of a dependent applicant, including, but not limited to, the parent’s highest level of schooling completed (which will not be collected on the FAFSA starting with award year 2024-2025 and will not be collected by FPS;, after which point the Department will instead collect on the FAFSA the parent’s college attendance status), marital status, SSN, last name and first initial, DOB, email address, number of people in the household supported by the parent, and asset and income information.</p>
                <p>(3)Information about the spouse of a married applicant including, but not limited to:  the spouse’s name, address, SSN, DOB, telephone number, email address, citizenship status, marital status, legal residence, status as a veteran, and financial information (including asset and income information that is needed for CPS processing until September 30, 2024);</p>
                <p>(4)Information provided by IHEs on behalf of student and parent applicants, including, but not limited to, verification results, dependency overrides, and resolution of comment codes or reject codes;</p>
                <p>(5)Information calculated by CPS through the 2023-24 award year on the applicant’s expected family contribution (EFC);</p>
                <p>(6)Information on the applicant’s Institutional Student Information Record (ISIR), and Student Aid Report (SAR).  The Department uses the ISIR and SAR to report, among other things, the EFC, or the SAI results that are calculated during FPS processing, to IHEs, State grant agencies, and applicants.  The EFC or SAI is available to, and used by, IHEs to determine the applicant’s eligibility for Federal and institutional program assistance and the amount of assistance, and State grant agencies to determine the applicant’s eligibility for State grants and the amount of grant assistance.  The Department notifies the applicant of the results of their application via the SAR.  The Department provides the IHEs identified on the applicant’s FAFSA with the ISIR, which indicates whether there are discrepant or insufficient information, school adjustments, or CPS assumptions that affect processing of the FAFSA.  Other information in the system includes, but is not limited to:  Secondary EFC (an EFC that is calculated from the full EFC formula and is printed in the financial aid administrator’s (FAA) Information section of the ISIR), dependency status, Federal Pell Grant eligibility, duplicate SSN (an indicator that is set to alert ISIR recipients that two applications were processed with the same SSN, Incarcerated Student Indicator Flag (an indicator that will be used to identify an aid applicant as an incarcerated student), selection for verification, Simplified Needs Test (SNT) or Automatic Zero EFC (used for extremely low family income), CPS and FPS processing comments, reject codes (explanation for applicant’s FAFSA not computing EFC), assumptions made with regard to the student’s information due to incomplete or inconsistent FAFSA information, FAA adjustments including dependency status overrides, and CPS and FPS record processing information (application receipt date, transaction number, transaction process date, SAR Serial Number, Compute Number, Data Release Number (DRN), a four-digit number assigned to each application), National Student Loan Database System (NSLDS) match results, a bar code, and transaction source);</p>
                <p>(7)Information that identifies aid applicant or aid recipient complaints, positive feedback, reports of suspicious activity, requests for assistance, requests for borrower defense relief, requests for PSLF reconsideration, or other inquiries.  Such information includes, but is not limited to:  written documentation of an aid applicant or aid recipient's complaint, request for assistance, request for relief under the borrower defense to repayment regulations, case tracking number, case appeal identifier, or other comment or inquiry; and information pertaining to the aid recipient's or the aid recipient's parent's student financial assistance program account(s) under title IV of the HEA, such as the aid recipient’s and the aid recipient’s parent’s names and Federal Student Aid IDs (FSA IDs).  Information may include the name, address, and phone numbers of the aid recipient's counsel or representative, IHE(s), lender(s), secondary holder(s) or lender(s), guaranty agency(ies), servicer(s), private collection agency(ies), and third-party requestor(s), as this term is defined in 34 CFR 685.401(a), if applicable, and may contain other loan-level information;</p>
                <p>(8)Information provided and generated through customer interactions with contact center support via inbound and outbound channels (phone, chat, webform, email, customer satisfaction survey, fax, physical mail, social media platforms, digital engagement platforms, and controlled correspondence).  Information includes, but is not limited to:  chat transcripts, email communications, audio recordings of customer calls, and screen recordings of contact center support desktop during customer interactions;</p>
                <p>(9)Loan discharge eligibility and verification information for use in determining whether a title IV, HEA debt/loan qualifies for discharge;</p>
                <p>(10)	Aid recipient’s employer information to determine employer qualification for borrowers to receive discharge under PSLF; OIG fraud referral information; and customer support interactions including phone, chat, webform, email, fax, physical mail, and controlled correspondence;</p>
                <p>(11)Information for collecting, processing, and storing user activity events from across the DCC IT system:  campaign details, delivery details, email/SMS sent timestamp, transaction ID, Federal Account Number (FAN) ID, activity details, activity date, pages/URL accessed, user IP address, user-submitted materials, and user request details;</p>
                <p>(12)Information needed to aid in the delivery of strategic and real-time communication to customers, including, but not limited to, first name, last name, DOB, state of residence, email, phone number, mobile device ID, device data, FAFSA transaction data, uniform resource locator (URL), computer-related data, and customer communication preferences and user activity (open or clicks) for email and SMS communications;</p>
                <p>(13)Information provided on third-party preparers, including, but not limited to, first name, last name, SSN or employer identification number, affiliation, address or employer’s address, signature, and signature date.</p>
                <p>Note:  This system of records also maintains information that is collected in this system and stored in other systems of records.  The following information about individuals who apply for or receive a Federal grant or loan under one of the programs authorized under title IV of the HEA is collected in this system and stored in the "Common Origination and Disbursement (COD) System" (18-11-02) system of records:  applicant identifiers including applicant’s name, SSN, and DOB; demographic information, including asset and income information (tax return status, adjusted gross income, Internal Revenue Service exemptions, and tax year), and enrollment information; borrower’s loan(s) information, including information about recipients of Direct Loans, FFEL Program loans, Perkins Loans, and FISL Program loans, such as the period from the origination of the loan through final payment, and milestones, including, but not limited to, consolidation, discharge, or other final disposition including details such as loan amount, disbursements, balances, loan status, repayment plan and related information, collections, claims, deferments, forbearances, and refunds; information about students receiving Federal grants, including recipients of Pell Grants, ACG, National SMART Grants, TEACH Grants, Iraq and Afghanistan Service Grants, and including grant amounts, grant awards, verification status, lifetime eligibility used (LEU), IASG eligible veteran's dependent indicator, Children of Fallen Heroes Scholarship eligibility indicator, and the Pell Grant additional eligibility indicator; Pell Grant collection status indicator and overpayment collection information; promissory notes, Direct Loan Entrance Counseling forms, Federal Student Loan Exit Counseling forms, PLUS Loan Counseling forms, the Annual School Loan Acknowledgement (ASLA), Direct PLUS Loan Requests, endorser addendums, and counseling in the Direct Loan and TEACH Grant programs, such as the date that applicant completed counseling; PLUS Loan credit report information; applicant identifier information for an electronic request to repay a Direct Loan under an income-driven repayment plan and endorser/spouse information, such as the SSN, date that applicant completed the income-driven repayment plan application, and current loan balances; Electronic Direct Consolidation Loan borrower identifier information, such as the borrower's SSN, the date that borrower completed the Federal Direct Consolidation Loan application and promissory note, and current loan balances; and credit check decisions, credit appeals, credit appeal identifiers, and credit history information to support the credit appeal process.  Further, information from the "Enterprise Data Management and Analytics Platform Services (EDMAPS)" (18-11-22) system of records is accessible in the DCC IT system to:  allow real-time updates to a customer’s identifiers, demographic attributes, address, phone, and email contact details; update customer preference for receiving marketing information via text message; allow the Department and its contractors to identify customers who have completed a customer satisfaction survey; and enable the Department to contact borrowers who have been identified by the Department as potentially having fraudulent activity from a Third-Party Debt Relief (TPDR) company and are at risk of loan default.  The following information is modifiable by the customer through StudentAid.gov:  name, DOB, address, phone number, and email address.  The DCC IT system also sends the following information to the EDMAPS system for analytics and reporting:  case information including complaints, and OIG fraud referral data.  Information includes, but is not limited to:  SSN, DOB, address, phone, and email.  Additionally, some information from Federal Loan Servicers’ systems (covered by the "Common Services for Borrowers (CSB)" (18-11-16) system of records) is accessible on StudentAid.gov to allow customers to view their payment information, loan information, and to make payments on StudentAid.gov as they would on the various Federal Loan Servicer websites.  Further, customers can use StudentAid.gov to update their contact information and access financial aid history that is stored in the "National Student Loan Data System (NSLDS)" (18-11-06) system of records.  Additionally, until CPS is decommissioned after September 30, 2024, CPS is also used as a pass-through to send information that is stored in the "Person Authentication Service (PAS)" (18-11-12) system of records to SSA for computer matching on individuals who apply for an FSA ID in PAS in order to assist the Department in verifying their identities.  The information includes, but is not limited to:  SSN, name, and DOB.  Finally, beginning with the 2024-25 award year application cycle, the IRS will disclose directly to the Department FTI for FAFSA application processing and aid eligibility determination; that FTI will not be maintained in this system.  Beginning July 30, 2023, the IRS will also disclose directly to the Department FTI to determine eligibility and monthly payment amounts under Income-Driven Repayment (IDR) plans; that FTI also will not be maintained in this system.  All FTI that the Department will obtain directly from the IRS under the FUTURE Act will be maintained within the FTI Module (FTIM) system that will be compliant with the IRS Publication 1075, "Tax Information Security Guidelines for Federal, State and Local Agencies, Safeguards for Protecting Federal Tax Returns and Return Information," and that will be covered under the Department’s system of records notice entitled "FUTURE Act System (FAS)" (18-11-23).  This system will continue to maintain both historical income information (obtained from the IRS until CPS is decommissioned) and applicant-provided income information (either through a manual FAFSA entry or submission of alternative documentation of income (ADOI) through the IDR process).  Any reference to income throughout this system of records notice refers explicitly to income information that the Department did not obtain directly from the IRS but obtained from the applicant or from another source.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information maintained in this system of records is obtained from applicants, the parents of dependent applicants, third-party preparers, and the spouse of married applicants for title IV, HEA program assistance, on the paper FAFSA, Portable Document Format (PDF) FAFSA, the online FAFSA form, and FAFSA by phone; the authorized employees or representatives of authorized entities (namely, IHEs, institutional third-party servicers, FFEL Program lenders, FFEL Program guaranty agencies, Federal loan servicers, State grant agencies, other Federal agencies, and research agencies); and from other persons or entities from which information is obtained following a disclosure under the routine uses set forth below.</p>
                <p>The Financial Aid Administrators at IHEs designated by the applicant and IHEs’ third-party servicers may correct the records in this system as a result of documentation provided by the applicant or by a dependent applicant’s parents, such as Federal income return(s) (IRS Form 1040), Social Security card(s), and Department of Homeland Security I-551 Permanent Resident Card.</p>
                <p>This system maintains information added during CPS processing and that will be added during FPS processing and information received from other Department systems, including the NSLDS, the COD System, and the SAIG Participation Management System.  The results of matching programs with Federal agencies or State or local governments, or agencies thereof, are added to the student’s record during CPS processing and will be added to the student’s record during FPS processing.  The Department’s matching programs at the time of the publication of this system of records notice are with the SSA to verify the SSNs of applicants, dependent applicants’ parent(s), and spouses of married applicants, as well as  of individuals who apply for an FSA ID, and to confirm the U.S. citizenship status of applicants as recorded in SSA records and date of death (if applicable) of applicants, and dependent applicants’ parents, pursuant to title IV of the HEA, including sections 428B(f)(2), 483(a)(12) (which under the FAFSA Simplification Act will be section 483(a)(2)(B)), and 484(g) and (p) (which the FAFSA Simplification Act redesignates as section 484(o)) of the HEA (20 U.S.C. 1078–2(f)(2), 1090(a)(12) (which the FAFSA Simplification Act amends to be 1090(a)(2)(B)), and 1091(g) and (p) (which the FAFSA Simplification Act redesignates as 1091(o)); with the Department of Veterans Affairs (VA) to verify the status of applicants who claim to be veterans, pursuant to section 480(c) and (d)(1)(D) of the HEA (20 U.S.C. 1087vv(c) and (d)(1)(D)); with the U.S. Department of Homeland Security (DHS) to confirm the immigration status of applicants for assistance as authorized by section 484(g) of the HEA (20 U.S.C. 1091(g)); with the U.S. Department of Justice (DOJ) to enforce any requirement imposed at the discretion of a court, pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, Public Law 100–690, as amended by section 1002(d) of the Crime Control Act of 1990, Public Law 101–647 (21 U.S.C. 862), denying Federal benefits under the programs established by title IV of the HEA to any individual convicted of a State or Federal offense for the distribution or possession of a controlled substance; and, through award year 2023-2024 following the implementation of the FAFSA Simplification Act on July 1, 2024, with the U.S. Department of Defense (DoD) to identify dependents of U.S. military personnel who died in service in Iraq and Afghanistan after September 11, 2001, to determine if they are eligible for increased amounts of title IV, HEA program assistance, pursuant to sections 420R and 473(b) of the HEA (20 U.S.C. 1070h and 1087mm(b)), which will be replaced by section 401(c) under the FAFSA Simplification Act.</p>
                <p>During CPS and FPS processing, the Department’s COD System sends information to these systems for students who have received a Federal Pell Grant.  CPS and FPS use this information for verification analysis and for end-of-year reporting.  These data elements include, but are not limited to:  Verification Selection and Status, Potential Over-award Project (POP) indicator, Institutional Cost of Attendance, Reporting and Attended Campus Pell ID and Enrollment Date, and Federal Pell Grant Program information (Scheduled Federal Pell Grant Award, Origination Award Amount, Total Accepted Disbursement Amount, Number of Disbursements Accepted, Percentage of Eligibility Used At This Attended Campus Institution, and Date of Last Activity from the Origination or Disbursement table).</p>
                <p>CPS and FPS also receive applicant information from the Department’s NSLDS system each time an application is processed or corrected.  This process assesses student aid eligibility, updates financial aid history, and ensures compliance with title IV, HEA regulations.  Some of this information appears on the applicant’s SAR and ISIR.  Title IV, HEA award information is provided to NSLDS from several different sources.  Federal Perkins Loan information and Federal Supplemental Educational Opportunity Grant (FSEOG) overpayment information is sent from IHEs or their third-party servicers; the Department’s COD System provides Federal Pell Grant and Direct Loan data; and State and guaranty agencies provide information on FFEL loans received from lending institutions participating in the FFEL programs.  Financial aid transcript information reported by NSLDS provides aid recipients, IHEs, and third-party servicers with information about the type(s), amount(s), dates, and overpayment status of prior and current title IV, HEA funds the aid recipient has received.  FFEL and William D. Ford Federal Direct Student Loan data information reported by NSLDS includes, but is not limited to:  (1) Aggregate Loan Data, such as Subsidized, Unsubsidized; Combined Outstanding Principal Balances; Unallocated Consolidated Outstanding Principal Balances, Subsidized, Unsubsidized; Combined Pending Disbursements, Subsidized, Unsubsidized; Combined Totals; and Unallocated Consolidated Totals; (2) Detailed Loan Data, such as Loan Sequence Number; Loan Type Code; Loan Change Flag; Loan Program Code; Current Status Code and Date; Outstanding Principal Balance and Date; Net Loan Amount; Loan Begin and End Dates; Amount and Date of Last Disbursement; Guaranty Agency Code; School Code; Contact Code; and Institution Type and Grade Level; and (3) system flags for Additional Unsubsidized Loan; Capitalized Interest; Defaulted Loan Change; Discharged Loan Change; Loan Satisfactory Repayment Change; Active Bankruptcy Change; Overpayments Change; Aggregate Loan Change; Defaulted Loan; Discharged Loan; Loan Satisfactory Repayment; Active Bankruptcy; Additional Loans; Direct Loan Master Promissory Note; Direct PLUS Loan Master Promissory Note; Subsidized Loan Limit; and the Combined Loan Limit.  Federal Perkins Loan information reported by NSLDS includes, but is not limited to:  Cumulative and Current Year Disbursement Amounts; flags for Perkins Loan Change; Defaulted Loan; Discharged Loan; Loan Satisfactory Repayment; Active Bankruptcy; Additional Loans; and Perkins Overpayment Flag and Contact (School or Region).  Federal Pell Grant payment information reported includes, but is not limited to:  Pell Sequence Number; Pell Attended School Code; Pell Transaction Number; Last Update Date; Scheduled Amount; Award Amount; Amount Paid to Date; Percent Scheduled Award Used; Pell Payment EFC; Flags for Pell Verification; and Pell Payment Change.  TEACH Grant Program information includes, but is not limited to:  TEACH Grant Overpayment Contact; TEACH Grant Overpayment Flag; TEACH Grant Loan Principal Balance; TEACH Grant Total; and TEACH Grant Change Flag.  Iraq and Afghanistan Service Grants information includes, but is not limited to, Total Award Amount.  The Department obtains from and exchanges information that is included in this system of records with IHEs, third-party servicers, and State agencies.  These eligible entities register with the SAIG system to participate in the information exchanges specified for their business processes.</p>
                <p>During FPS processing, this system will receive the SAI information from the Department’s FAS.  The SAI is calculated using FTI that the IRS will provide directly to the Department under the FUTURE Act that will not be maintained in this system, but instead the system of records entitled "FUTURE Act System (FAS)" (18-11-23).</p>
                <p>Additionally, for individuals who request assistance from the Department, directly or through State requestors and legal assistance organizations ("third-party requestors"), as these terms are defined in 34 CFR 685.401(a), who may request that the Secretary of Education form a group of Federal student loan borrowers for borrower defense relief, information is obtained from individuals (e.g., borrowers), their counsel or representatives, or students or their parents (when the individual is a borrower and depending on whether the individual is a parent or student), Federal agencies, State agencies, IHEs, lenders, private collection agencies, guaranty agencies, accreditors, and from other persons or entities from whom or from which data is obtained following a disclosure under routine uses set forth below.</p>
                <p>Note:  Some customer information that is retrieved from Federal Loan Servicers’ IT systems (covered by the system of records notice entitled "Common Services for Borrowers (CSB)" (18-11-16)) is accessible through StudentAid.gov to provide customers with payment and loan information and to enable customers to make loan payments as they would on the various Federal Loan Servicer websites.  Information that is collected in this system is stored in and retrieved from the COD System (covered by the system of records notice entitled "Common Origination and Disbursement (COD) System" (18-11-02)) to allow:  applicants and borrowers to submit Counseling (Entrance, Exit, Financial Awareness Counseling, PLUS, TEACH Grant Initial and Subsequent, TEACH Grant Exit, TEACH Grant Conversion), Master Promissory Note (MPN), Endorser Addendum, TEACH Grant Agreement to Serve or Repay (Agreement), Loan Consolidation, Income-Driven Repayment, PLUS Loan Request, and Annual Student Loan Acknowledgement (ASLA) applications through StudentAid.gov; credit check decision, credit appeal, and credit history information to be viewable on StudentAid.gov to support credit appeal processing; users to view and search the PSLF employer database as retrieved from the COD System and provide updates to employers’ information; and the PDF version of the PSLF/Temporary Expanded PSLF (TEPSLF) certification and application form that is generated from the PSLF Help Tool to be accessible.  Information is also retrieved from the COD System to provide StudentAid.gov functionality for creating and updating customer records.  The following information from the EDMAPS system is accessible in the DCC IT system:  customer information that is retrieved to allow real-time updates to a customer’s identifiers, demographic attributes, address, phone, and email contact details; SMS opt-in/out information for customer communication preferences to opt-in/out of receiving marketing information via text message; information for customers who have been identified by the Department and its contractors as having completed a customer satisfaction survey; information for borrowers who will be contacted by the Department because they have been identified by the Department as having potentially fraudulent activity from a TPDR company; and information on borrowers who have been identified by the Department and its contractors as being at risk for loan default.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
             <xhtmlContent>
                <p>The Department may disclose information maintained in a record in this system of records under the routine uses listed in this system of records notice 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 pursuant to a computer matching agreement that meets the requirements of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a).  Until June 30, 2024, section 483(a)(3)(E) of the HEA (20 U.S.C. 1090(a)(3)(E)) restricts the use of the information gathered from the electronic version of the FAFSA to the application, award, and administration of aid awarded under title IV of the HEA, aid awarded by States, aid awarded by eligible institutions, or aid awarded by such entities as the Secretary of Education may designate.</p>
                <p>(1) Program Disclosures.  The Department may disclose records from the system of records for the following program purposes:</p>
                <p>(a) To verify the identity of the applicant, the spouse of a married applicant, and the parent(s) of a dependent applicant, to verify, until CPS is decommissioned after September 30, 2024, the identities of individuals who apply for a FSA ID, to determine the accuracy of the information contained in the record, to support compliance with title IV, HEA statutory and regulatory requirements, and to assist with the determination, correction, processing, tracking, and reporting of program eligibility and benefits, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, local, or Tribal agencies;</p>
                <p>(b) To provide an applicant's financial aid history to IHEs, guaranty agencies and State agencies, lenders and loan holders participating in the FFEL Program, and third-party servicers, including information about the applicant's title IV, HEA loan defaults, and title IV, HEA grant program overpayments, the Department may disclose records to IHEs, guaranty agencies and State agencies, lenders and loan holders participating in the FFEL Program, and third-party servicers;</p>
                <p>(c) To facilitate receiving and correcting application information, processing Federal Pell Grants and Direct Loans, and reporting Federal Perkins Loan Program expenditures to the Department’s processing and reporting systems, the Department may disclose records to IHEs, State agencies, and third-party servicers;</p>
                <p>(d) To assist loan holders with the collection and servicing of title IV, HEA loans, to support pre-claims/supplemental pre-claims assistance, to assist in locating borrowers, and to assist in locating students who owe grant overpayments, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, local, and Tribal agencies;</p>
                <p>(e) To facilitate assessments of title IV, HEA program compliance, the Department may disclose records to guaranty agencies and IHEs, third-party servicers, and Federal, State, and local agencies;</p>
                <p>(f) To assist in locating holders of loans, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, and local agencies;</p>
                <p>(g) To assist in assessing the administration of title IV, HEA program funds by guaranty agencies, lenders and loan holders in the FFEL Program, IHEs, and third-party servicers, the Department may disclose records to Federal and State agencies;</p>
                <p>(h) To enforce the terms of a loan or grant or to assist in the collection of loan or grant overpayments, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, and local agencies;</p>
                <p>(i) To assist borrowers in repayment, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, and local agencies;</p>
                <p>(j)  To determine the relief that is appropriate if the Secretary of Education grants a borrower defense to repayment discharge application, as well as to pursue the recovery of liabilities of such discharges against the IHE, the Department may disclose records to Federal, State, and Tribal agencies, accreditors, IHEs, lenders and loan holders, guaranty agencies, third-party servicers, and private collection agencies;</p>
                <p>(k) To initiate legal action against an individual or entity involved in an illegal or unauthorized title IV, HEA program expenditure or activity, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, local, and Tribal agencies;</p>
                <p>(l) To initiate or support a limitation, suspension, or termination action, an emergency action, or a debarment or suspension action, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, IHEs, third-party servicers, and Federal, State, local, and Tribal agencies;</p>
                <p>(m) To investigate and resolve complaints, inquiries, requests for assistance, requests for Federal student loan repayment relief and other relief under the borrower defense to repayment regulations, and to update borrower account records and to correct errors, the Department may disclose records to guaranty agencies, lenders and loan holders participating in the FFEL Program, accreditors, IHEs, third-party requestors, third-party servicers, private collection agencies, and Federal, State, and local agencies;</p>
                <p>(n) To inform the parent(s) of a dependent applicant of information about the parent(s), or the spouse of a married applicant of information about the spouse, in an application for title IV, HEA funds, the Department may disclose records to the parent(s), or spouse, respectively;</p>
                <p>(o) To identify the student as the correct beneficiary of the PLUS loan funds, and to allow the processing of the PLUS loan application and promissory note, the Department may disclose records to the parent(s) applying for the parent PLUS loan;</p>
                <p>(p) To encourage a student to complete a FAFSA that they started but did not submit or to assist a student with the completion of a FAFSA, the Department may disclose an student’s FAFSA filing status to a local educational agency, a secondary school where the student is or was enrolled, a State, local, or Tribal agency, or an entity that awards aid to students and that the Secretary of Education has designated under section 483(a)(3)(E) of the HEA (20 U.S.C. 1090(a)(3)(E)), prior to the amendments of the HEA made by the FAFSA Simplification Act (Public Law 116-260) and the FAFSA Simplification Technical Corrections Act (Public Law 117-103), which are effective July 1, 2024;</p>
                <p>(q) Through June 30, 2024, the Department may disclose records from this system to State higher education agencies, eligible IHEs, and other entities that the Secretary of Education has designated under section 483(a)(3)(E) of the HEA (20 U.S.C. 1090(a)(3)(E)) that award and administer aid to students, to determine an applicant’s eligibility for the award of aid by State higher education agencies, eligible IHEs, or by other entities the Secretary of Education has designated.  (Beginning July 1, 2024, under amendments to the HEA made by the FAFSA Simplification Act and the FAFSA Simplification Technical Corrections Act, the Department will no longer rely on this authority to disclose records from this system to State higher education agencies, eligible IHEs, and other entities that the Secretary of Education has designated under section 483(a)(3)(E) of the HEA (20 U.S.C. 1090(a)(3)(E))); and</p>
                <p>(r)  To help Federal, State, Tribal, and local government entities exercise their supervisory and administrative powers (including, but not limited to licensure, examination, discipline, regulation, or oversight of IHEs, Department contractors, guaranty agencies, lenders and loan holders, and third-party servicers) or to respond to aid applicant or recipient complaints submitted regarding the practices or processes of the Department and/or the Department’s contractors, or to update information or correct errors contained in Department records regarding the aid applicant’s or recipient’s title IV, HEA program funds, the Department may disclose records to governmental entities at the Federal, State, Tribal, and local levels.  These records may include all aspects of loans and grants made under title IV of the HEA to permit these governmental entities to verify compliance with applicable debt collection, consumer protection, financial, and other applicable statutory, regulatory, or local requirements.  Before making a disclosure to these Federal, State, local, or Tribal governmental entities, the Department will require them to maintain safeguards consistent with the Privacy Act to protect the security and confidentiality of the disclosed records.</p>
                <p>Note:  Some information that is maintained in this system of records is also maintained in other Department systems of records and, therefore, may be disclosed pursuant to the routine uses published in those other systems’ system of records notices, including the "Common Origination and Disbursement (COD) System" (18-11-02), "National Student Loan Data System (NSLDS)" (18-11-06), and "Common Services for Borrowers (CSB)" (18-11-16).</p>
                <p> (2)  Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulations, or order of a competent authority, the Department may disclose the relevant records to the appropriate agency, whether 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.</p>
                <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(a) Introduction.  In the event that one of the parties listed in sub-paragraphs (i) through (v) of this routine use is involved in judicial or 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), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i) The Department or any of its components;</p>
                <p>(ii) Any Department employee in their official capacity;</p>
                <p>(iii) Any Department employee in their individual capacity where the U.S. Department of Justice (DOJ) agrees to or has been requested to provide or arrange for representation of the employee;</p>
                <p>(iv) Any Department employee in their individual capacity where the Department has agreed to represent the employee; and</p>
                <p>(v) The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p> (b) Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the DOJ.</p>
                <p>(c) Adjudicative Disclosure.  If the Department determines that it is relevant and necessary to 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.</p>
                <p>(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(4) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or to the Office of Management and Budget (OMB) if the Department determines that disclosure is desirable or necessary in determining whether records are required to be disclosed under the FOIA or the Privacy Act.</p>
                <p>(5) Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records in this system of records to the contractor's employees, the Department may disclose the records to those employees.  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.</p>
                <p>(6) 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 and on behalf of the individual whose records are being disclosed.  The member’s right to the information is no greater than the right of the individual who requested it.</p>
                <p>(7) Employment, Benefit, and Contracting Disclosure.</p>
                <p>(a) For Decisions by the Department.  The Department may disclose a record to a Federal, State, or local agency, or to another public agency or professional organization, maintaining civil, criminal, or other relevant enforcement or other pertinent records, 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.</p>
                <p>(b) For Decisions by Other Public Agencies and Professional Organizations.  The Department may disclose a record to a Federal, State, local, or other public agency or professional organization, or the Department’s contractor 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.</p>
                <p>(8) Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action involving a present or former employee of the Department, the Department may disclose a record from this system of records in the course of investigation, fact-finding, or adjudication to any party to the grievance, complaint, or action; to the party’s counsel or representative; to a witness; or to a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.</p>
                <p>(9) 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.</p>
                <p>(10) 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.</p>
                <p>(11) Research Disclosure.  The Department may disclose records to a researcher if 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 Department 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 must agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(12) Disclosure to the OMB and Congressional Budget Office (CBO) for Federal Credit Reform Act (FCRA) Support.  The Department may disclose records to OMB and CBO as necessary to fulfill FCRA requirements in accordance with 2 U.S.C. 661b.</p>
                <p>(13) 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.</p>
                <p>(14) Disclosure in Assisting another Agency in 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.</p>
                <p>(15) Disclosure of Information to State and Federal Agencies.  The Department may disclose records from this system of records to (a) a Federal or State agency, its employees, agents (including contractors of its agents), or contractors, or (b) a fiscal or financial agent designated by the U.S. Department of the Treasury, including employees, agents, or contractors of such agent, for the purpose of identifying, preventing, or recouping improper payments to an applicant for, or recipient of, Federal funds.</p>
                <p>(16) Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.</p>
                <p>Disclosure to consumer reporting agencies:Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose the following information to a consumer reporting agency regarding a valid, overdue claim of the Department:  (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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these disclosures may be made is defined at 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).
             </p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>System records are paper-based and stored in locked rooms or electronic and stored on secured computer systems and in the cloud.</p>
                <p>Fully processed paper applications and supporting paper documentation that are received on or before June 30, 2024, are stored for applicable periods in standard Federal Records Center boxes in locked storage rooms at the contractor facilities in London, Kentucky.  Fully processed paper applications and supporting paper documentation requiring retention and received on or after July 1, 2024, will be stored in a private records storage facility, as applicable.  The records storage facilities currently utilized are listed in the "System Location" section above.</p>
                <p>Digitized paper applicant records, which include optically imaged documents, are stored on DADS (disks) in a virtual disk library, which is also electronic, in the computer facilities controlled by the Next Generation Data Center (NGDC) in Clarksville, VA.</p>
                <p>Records that are collected in this system for applicants of Federal grants or loans are stored in the COD System for individuals who apply under one of the programs authorized under title IV of the HEA, including, but not limited to the:  (1) Federal Pell Grant Program; (2) Federal Perkins Loans Program; (3) ACG Program; (4) National SMART Grant Program; (5) TEACH Grant Program; (6) Iraq and Afghanistan Service Grant Program; (7) Direct Loan Program, which includes Federal Direct Stafford/Ford Loans, Federal Direct Unsubsidized Stafford/Ford Loans and Federal Direct PLUS Loans and Federal Direct Consolidation Loans; (8) FFEL Program; and (9) FISL Program.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system pertaining to a title IV, HEA loan applicant, borrower, or grant recipient are indexed and retrieved by a single data element, or a combination of the following data elements, to include SSN, name, DOB, the award year in which the applicant applied for title IV, HEA program assistance, and case tracking number.  These data elements are also used to retrieve information of title IV, HEA program applicants for and recipients of Federal grants or loans from the COD System (applicant information is collected in this system of records and stored in the COD System).</p>
                <p>This system also uses a credit appeal identifier to retrieve credit appeal information from the COD System to support the credit appeal process.</p>
                <p>Additionally, this system uses a combination of SSN, DOB, and name data elements to retrieve some records from Federal Loan Servicers’ systems (covered by the system of records notice entitled "Common Services for Borrowers (CSB)" (18-11-16)) to allow customers to access their payment information, loan information and to make payments on StudentAid.gov as they would on the various Federal Loan Servicer websites.</p>
                <p>This system also uses customer identifiers to retrieve customer information data from the EDMAPS system (covered by the system of records noticed entitled "Enterprise Data Management and Analytics Platform Services (EDMAPS) System" (18-11-22)) to allow real-time updates to customer information and communication preferences; and for the Department and its contractors to identify customers who have completed a customer satisfaction survey in the DCC system; who may have potential fraudulent activity from a TPDR company; and who may be at risk for loan default.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records maintained in this system are primarily retained and disposed of in accordance with the records schedules listed below.  The Department has submitted amendments to these records schedules to NARA for its review and approval.</p>
                <p>(a) Department Records Schedule 051:  FSA National Student Loan Data System (NSLDS) (DAA-0441-2017-0004) (ED 051).  (Records covered by ED 051 will not be destroyed until NARA-approved amendments to ED 051 are in effect, as applicable.)</p>
                <p>(b) Department Records Schedule 052:  Ombudsman Case Files (N1-441-09-21) (ED 052).  (Records covered by ED 052 will not be destroyed until NARA-approved amendments to ED 052 are in effect, as applicable.)</p>
                <p>(c) Department Records Schedule 072:  FSA Application, Origination, and Disbursement Records (DAA-0441-2013-0002) (ED 072).  (Records covered by ED 072 will not be destroyed until NARA-approved amendments to ED 072 are in effect, as applicable.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All users of the system will have a unique user ID with a password.  All physical access to the data housed at system locations is controlled and monitored by security personnel who check each individual entering the building for their employee or visitor badge.  The IT systems employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection.  This security system limits data access to Department and contract staff on a "need-to-know" basis and controls individual users' ability to access and alter records within the system.  All interactions by users of the system are recorded.</p>
                <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security and privacy controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                <p>FISMA controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families:  access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record in this system, contact the respective system manager at the address listed above.  You must provide necessary particulars such as your name, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.</p>
                <p>Alternatively, to gain access to a record in the system, you may make a Privacy Act request through the U.S. Department of Education, FOIA Service Center at https://www2.ed.gov/policy/gen/leg/foia/request_privacy.html by completing the applicable request forms.  Requests by an individual for access to a record must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
                <p>Borrowers are able to access their financial aid history from NSLDS in this system.  If you wish to gain access to other records in the NSLDS, please refer to the RECORD ACCESS PROCEDURES section in the system of records notice entitled "National Student Loan Data System (NSLDS)" (18-11-06).</p>
                <p>For title IV, HEA program applicants and recipients of Federal grants or loans, if you wish to gain access to such information about you from the COD System, please refer to the RECORD ACCESS PROCEDURES section in the system of records notice entitled "Common Origination and Disbursement (COD) System" (18-11-02).</p>
                <p>If you wish to gain access to the EDMAPS system information that is about you and accessible in this system, please refer to the RECORD ACCESS PROCEDURES section in the system of records notice entitled "Enterprise Data Management and Analytics Platform Services (EDMAPS) System" (18-11-22).</p>
                <p>If you wish to gain access to the PAS system information about you that is maintained in this system until CPS is decommissioned after September 30, 2024, please refer to the RECORD ACCESS PROCEDURES section in the system of records notice entitled "Person Authentication Service (PAS)" (18-11-12).</p>
                <p>If you wish to gain access to the information in the Federal Loan Servicers’ IT systems that is about you and accessible in this system, please refer to the RECORD ACCESS PROCEDURES section in the system of records notice entitled "Common Services for Borrowers (CSB)" (18-11-16).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest or change the content of a record about you in the system of records, provide the respective system manager with your name, DOB, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Identify the specific items to be changed and provide a written justification for the change.</p>
                <p> To contest information submitted or included on a FAFSA application for the current award year, send your request to the FOIA Service Center listed in the Notification Procedures section. </p>
                <p> Financial aid history from NSLDS is accessible in this system.  To contest name and address records about you, provide the respective system manager with your name, DOB, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  All other financial aid history records from NSLDS must be contested by following the CONTESTING RECORD PROCEDURES identified in the system of records notice entitled "National Student Loan Data System (NSLDS)" (18-11-06).</p>
                <p> For title IV, HEA program applicants and recipients of Federal grants or loans, if you wish to contest such information about you, please refer to the CONTESTING RECORD PROCEDURES section in the system of records notice entitled "Common Origination and Disbursement (COD) System" (18-11-02). </p>
                <p> To contest information about you in a Federal Loan Servicer IT system, such as the payment and loan information that is accessible in this system, please refer to the CONTESTING RECORD PROCEDURES section in the system of records notice entitled "Common Services for Borrowers (CSB)" (18-11-16).</p>
                <p> To contest the EDMAPS system information that is accessible in this system, please refer to the CONTESTING RECORD PROCEDURES section in the system of records notice entitled "Enterprise Data Management and Analytics Platform Services (EDMAPS) System" (18-11-22).</p>
                <p> To contest the PAS system information about you that is maintained in this system until CPS is decommissioned after September 30, 2024, please refer to the CONTESTING RECORD PROCEDURES section in the system of records notice entitled "Person Authentication Service (PAS)" (18-11-12).</p>
                <p>Requests to amend a record must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists about you in the system of records, contact the respective system manager at the address listed above.  You must provide necessary particulars such as your name, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.
                </p>
                <p>Alternatively, you may make a Privacy Act request through the U.S. Department of Education, FOIA Service Center at https://www2.ed.gov/policy/gen/leg/foia/request_privacy.html by completing the applicable request forms.</p>
                <p>If you wish to submit a request for notification to determine whether a record exists about you in the COD System as a title IV, HEA program applicant or recipient of a Federal grant or loan, please refer to the NOTIFICATION PROCEDURES section in the system of records notice entitled "Common Origination and Disbursement (COD) System" (18-11-02).</p>
                <p>Borrowers are able to access their financial aid history from NSLDS in this system.  If you wish to submit a request for notification to determine whether a record exists about you in the NSLDS system of records, please refer to the NOTIFICATION PROCEDURES section in the system of records notice entitled "National Student Loan Data System (NSLDS)" (18-11-06).</p>
                <p>If you wish to submit a request for notification to determine whether a record exists about you in a Federal Loan Servicer IT system, please refer to the NOTIFICATION PROCEDURES section in the system of records notice entitled "Common Services for Borrowers (CSB)" (18-11-16).</p>
                <p>If you wish to submit a request for notification to determine whether a record exists about you in EDMAPS system, please refer to the NOTIFICATION PROCEDURES section in the system of records notice entitled "Enterprise Data Management and Analytics Platform Services (EDMAPS) System" (18-11-22).</p>
                <p>If you wish to submit a request for notification to determine whether a record exists about you in the PAS system, please refer to the NOTIFICATION PROCEDURES section in the system of records notice entitled "Person Authentication Service (PAS)" (18-11-12).</p>
                <p>Requests for notification about whether the system of records contains information about an individual must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>The system of records entitled "Aid Awareness and Application Processing" (18-11-21) was originally published in full in the Federal Register on September 13, 2022 (87 FR 56026-56037).</p>
            </xhtmlContent>
        </subsection>
    </section>


    <section id="ed18-11-22" toc="yes">
        <systemNumber>18-11-22</systemNumber>
              <subsection type="systemName">
                <p>"Enterprise Data Management and Analytics Platform Services (EDMAPS)" (18-11-22).</p>
            </subsection>
            <subsection type="securityClassification">
                <xhtmlContent>
                    <p>Unclassified.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="systemLocation">
                <xhtmlContent>
                    <p>Federal Student Aid (FSA), U.S. Department of Education, Union Center Plaza (UCP), 830 First Street NE, Washington, DC 20202-5454.</p>
                    <p>Amazon Web Services (AWS), 1200 12th Avenue, Suite 1200, Seattle, WA 98114.  (This is the Hosting Center for the EDMAPS system’s application, where all electronic EDMAPS system information is processed and stored.)</p>
                    <p>Accenture, 22451 Shaw Road, Sterling, VA 20166-4319.  (The EDMAPS system’s Sterling Cloud-based Operations is located here.)</p>
                    <p>Accenture DC, 810 First Street NE, Washington, DC 20202-4227.  (This is the EDMAPS system’s Operations Center.)</p>
                </xhtmlContent>
            </subsection>
            <subsection type="systemManager">
                <xhtmlContent>
                    <p>System Owner, EDMAPS System, Federal Student Aid, U.S. Department of Education, Union Center Plaza (UCP), Room 102-E5, 830 First Street NE, Washington, DC 20202.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="authorityForMaintenance">
                <xhtmlContent>
                    <p>The EDMAPS system is authorized under title I, Part D, and title IV of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1001, 1002, 1018 - 1018b and 20 U.S.C. 1070 et seq.), the Presidential Memorandum entitled "A Student Aid Bill of Rights to Help Ensure Affordable Loan Repayment" (March 10, 2015), the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency), the FAFSA Simplification Act (title VII, Division, division FF of the Consolidated Appropriations Act, 2021 (P.L. 116-260)) (including, but not limited to the following:  subsections 701(b) and 702(m), which amends section 483 of the HEA, and section 703, which amends section 401 of the HEA), and the FAFSA Simplification Act Technical Corrections Act (division R of the Consolidated Appropriations Act, 2022 (P.L. 117-103)).</p>
                    <p>The EDMAPS system is largely comprised of records that originate from, and are also maintained in, other Department systems of records.  Therefore, the Department is also listing the more specific authorities for those systems of records here:</p>
                    <p>(1) National Student Loan Data System (NSLDS) (18–11–06).  The authority under which the NSLDS system of records is maintained includes sections 101, 102, 132(i), 485, and 485B of the HEA (20 U.S.C. 1001, 1002, 1015a(i), 1092, and 1092b), and sections 431(2) and (3) of the General Education Provisions Act (20 U.S.C. 1231a(2)–(3)), and the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency).  The collection of Social Security numbers (SSNs) of individuals who are covered by this system is authorized by 31 U.S.C. 7701 and Executive Order 9397 (November 22, 1943), as amended by Executive Order 13478 (November 18, 2008);</p>
                    <p>(2) Common Origination and Disbursement (COD) System (18–11–02).  The system of records for the COD System is authorized under title IV of the HEA and the HEROES Act (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency);</p>
                    <p>(3) Common Services for Borrowers (CSB) (18–11–16). The CSB system of records is authorized by titles IV–A, IV– B, IV–D, and IV–E of the HEA, and the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency);</p>
                    <p>(4) Health Education Assistance Loan (HEAL) Program (18–11–20).  The authority for maintenance of the HEAL Program system of records includes sections 701 and 702 of the Public Health Service Act, as amended (PHS Act) (42 U.S.C. 292 and 292a), which authorize the establishment of a Federal program of student loan insurance; section 715 of the PHS Act (42 U.S.C. 292n), which directs the Secretary of Education to require institutions to provide information for each aid recipient who has a loan; section 709(c) of the PHS Act (42 U.S.C. 292h(c)), which authorizes disclosure and publication of HEAL defaulters; the Debt Collection Improvement Act (31 U.S.C. 3701 and 3711–3720E); and the Consolidated Appropriations Act, 2014, Division H, title V, section 525 of Pub. L. 113–76, which transferred the authority to administer the HEAL program from the Secretary of Health and Human Services to the Secretary of Education;</p>
                    <p>(5) Financial Management System (FMS) (18–11–17).  The FMS system of records is authorized by title IV of the HEA;</p>
                    <p>(6) Postsecondary Education Participants Systems (PEPS) (18–11–09).  The PEPS system of records is authorized by sections 481, 487, 498 of the HEA (20 U.S.C. 1088, 1094, 1099c) and section 31001(i)(1) of the Debt Collection Improvement Act of 1996, Pub. L. 104–134 (31 U.S.C. 7701);</p>
                    <p>(7) Person Authentication Service (PAS) (18–11–12).  The PAS system of records and the collection of personal information for the creation and management of an FSA ID (which includes a user ID and a password) is authorized by title IV of the HEA;</p>
                    <p>(8) Student Aid Internet Gateway (SAIG), Participation Management (PM) System (18–11–10).  The SAIG,PM system of records is authorized by title IV of the HEA.  The collection of SSNs of users of the SAIG, PM System is authorized by 31 U.S.C. 7701 and Executive Order 9397, as amended by Executive Order 13478 (November 18, 2008); and</p>
                    <p>(9) Aid Awareness and Application Processing (AAAP) (18–11–21).  The AAAP system of records is authorized under title IV of the HEA (20 U.S.C. 1070 et seq.) and 20 U.S.C. 1018(f) and 1087e(h), and the Higher Education Relief Opportunities for Students Act of 2003 (20 U.S.C. 1098bb) (including any waivers or modifications that the Secretary of Education deems necessary to make to any statutory or regulatory provision applicable to the student financial assistance programs under title IV of the HEA to achieve specific purposes listed in the section in connection with a war, other military operation, or a national emergency). The collection of SSNs of individuals, and parents of dependent students, who apply for or receive Federal student financial assistance under programs authorized by title IV of the HEA is also authorized by 31 U.S.C. 7701 and Executive Order 9397, as amended by Executive Order 13478 (November 18, 2008) or both.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="purpose">
                <xhtmlContent>
                    <p>The information contained in this system of records is maintained for the following purposes (Note: Different parts of the HEA use the terms "discharge," "cancellation," or "forgiveness" to describe when an aid recipient’s loan amount is reduced, in whole or in part, by the Department. To reduce complexity, this system of records notice uses the term "discharge" to include all three terms ("discharge," "cancellation," and "forgiveness"), including, but not limited to, discharges of student loans made pursuant to specific benefit programs.  At times, this system of records notice may refer by name to a specific benefit program, such as the "Public Service Loan Forgiveness" program; such specific references are not intended to exclude any such program benefits from more general references to loan discharges):</p>
                    (1)<p>(1) To provide master data management, to serve as a production database, and to provide common naming conventions and standards;</p>
                    (2)<p>(2) To provide a data warehouse for analytics, reporting, and modeling;</p>
                    (3)<p> (3)To provide the Data Lake for the storage of large data sets, both structured and unstructured (PDFs and audio files are examples of unstructured data);</p>
                    (4)<p> (4)To provide analytics and reporting, including querying, modeling, forecasting, and visualizing, for the purpose of administering the title IV, HEA programs effectively and efficiently;</p>
                    (5)<p> (5)To improve transparency by publicly releasing information and reports, as required by the Foundations for Evidence-Based Policymaking Act of 2018 and title IV of the HEA;</p>
                    (6)<p> (6)To support research, analysis, and development, and the implementation and evaluation of education policies in relation to title IV, HEA programs;</p>
                    (7)<p> (7)To support Federal budget analysts in the Department, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO) in the development of budget needs and forecasts;</p>
                    (8)<p> (8)To help aid applicants and recipients achieve better outcomes through outreach to aid applicants and recipients at risk of default and of being defrauded;</p>
                    (9)<p>(9) To determine aid recipients’ eligibility for discharges of loans under title IV of the HEA;</p>
                    (10)<p> (10)To maintain and process information and documentation, including, but not limited to, loan discharge income eligibility information, associated application information for the purposes of eligibility determination and verification information obtained from applicants, or applicable applicant’s parent(s) or spouse, and income verification documentation of an aid recipient or applicable aid recipient’s parent(s) or spouse, pertaining to discharge of eligible loans under title IV, HEA and promissory notes and other agreements that evidence the existence of a legal obligation to repay funds disbursed under title IV, HEA programs;</p>
                    (11)<p> (11)To provide a more flexible data architecture that will allow FSA to respond more efficiently and accurately to complex data requests and changes in title IV, HEA policies and operations;</p>
                    (12)<p>(12) To provide additional insights into title IV, HEA programs, improve oversight of FSA vendors, and develop a global view of FSA operations;</p>
                    (13)<p> (13)To facilitate the collection, processing, and transmission of information to aid applicants or aid recipients, postsecondary and financial institutions, lenders, State agencies, and other authorized operational parties;</p>
                    (14)<p> (14)To identify, prevent, reduce, and recoup improper payments;</p>
                    (15)<p> (15)To communicate with aid applicants and recipients information regarding financial aid including, but not limited to, the Free Application for Federal Student Aid (FAFSA®) processing timelines, debt counseling references, and PSLF information;</p>
                    (16)<p> (16)To enforce the conditions or terms of a title IV, HEA obligation;</p>
                    (17)<p>(17) To investigate possible fraud or abuse or verify compliance with program regulations or contract requirements;</p>
                    (18)<p> (18)To litigate a title IV, HEA obligation, or to prepare for, provide support services for, or audit the results of litigation on a title IV, HEA obligation;</p>
                    (19)<p>(19) To verify the identity of FSA aid recipients for the purpose of loan discharge eligibility;</p>
                    (20)<p> (20)To assist audit and program review planning and reviews;</p>
                    (21)<p>(21) To conduct testing, analysis, or take other administrative actions needed to prepare for or execute programs under title IV of the HEA; and</p>
                    (22)<p>(22) To maintain the consent/affirmative approval from income-driven repayment (IDR) applicants or recipients to permit the Department to disclose information to the Internal Revenue Service (IRS) for the IRS to disclose Federal Tax Information (FTI) of such individuals under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) and section 6103(l)(13)(A) of the Internal Revenue Code of 1986 (IRC) to the Department as part of a matching program to determine monthly repayment obligation amounts for IDR plans under title IV of the HEA with respect to loans made under part D of title IV of the HEA (the Direct Loan program) and to permit the Department to redisclose the FTI of such individuals pursuant to section 6103(l)(13)(D)(iv) of the IRC, or the revocation of the consent/affirmative approval</p>
                </xhtmlContent>
            </subsection>
            <subsection type="categoriesOfIndividuals">
                <xhtmlContent>
                    <p>The EDMAPS system maintains records on the following categories of individuals:</p>
                    (1)	<p>(1)Individual recipients of, and applicants for, aid (and their third-party preparers) under one of the programs authorized under title IV of the HEA, including, but not limited to, the:  (a) Direct Loan Program; (b) Federal Family Education Loan (FFEL) Program; (c) Federal Insured Student Loan (FISL) Program; and (d) Federal Perkins Loan Program, including National Defense Student Loans, National Direct Student Loans, and Perkins Expanded Lending and Income Contingent Loans (Perkins Loans);</p>
                    (2)	<p>(2)Individuals who serve as endorsers on Direct PLUS loans;</p>
                    (3)	<p>(3)Recipients of Federal Pell Grants, Academic Competitiveness Grants (ACG), National Science and Mathematics Access to Retain Talent (SMART) Grants, Federal Supplemental Educational Opportunity Grants (FSEOGs), Federal Work-Study (FWS) Program earnings, Teacher Education Assistance for College and Higher Education (TEACH) Grants, and Iraq and Afghanistan Service Grants;</p>
                    (4)	<p>(4)Individuals who owe an overpayment on a Federal Pell Grant, an ACG, a National SMART Grant, a FSEOG, an Iraq and Afghanistan Service Grant, a TEACH Grant, or a Federal Perkins Loan;</p>
                    (5)	<p>(5)Individuals who have applied for borrower defense discharges (Note: The system contains case tracking records on these individuals);</p>
                    (6)	<p>(6)Individuals who received aid under the HEAL Program for analysis of their use of the title IV, HEA programs;</p>
                    (7)	<p>(20)Individuals who are title IV, HEA aid applicants or recipients, and parents or spouses of aid applicants or recipients, who submit feedback/complaints to the Department regarding title IV, HEA programs, contractors, or practices or processes of the Department;</p>
                    (8)	<p>(8)Individuals who are not aid applicants or recipients under title IV, HEA programs, but who have submitted feedback or a complaint or whose information has been provided to the Department as part of an interagency agreement or memorandum of understanding to allow analysis of title IV, HEA programs;</p>
                    (9)	<p>(9)Aid applicants and recipients under title IV, HEA programs, the parents of aid applicants and recipients under title IV, HEA programs, spouses of married aid applicants and recipients under title IV, HEA programs, PLUS loan endorsers, third-party preparers, and all other individuals who apply for an FSA user ID and password;</p>
                    (10)	<p>(10)Individuals who are, or once were, the parent(s) of a dependent applicant or aid recipient, or the spouse of a married applicant or aid recipient, under title IV, HEA programs;</p>
                    (11)	<p>(11)Individuals who are, or once were, officials, such as college presidents, college chief financial officers, and college financial aid directors, at postsecondary institutions and who are mentioned in records of their institutions’ annual reports and periodic institutional program reviews and those who serve as contacts at educational institutions listed on the program participation agreement, including, but not limited to, financial aid directors and college presidents; and</p>
                    (12)	<p>(12)Individuals who are title IV, HEA aid recipients and who attended, or who are attending, a gainful employment program at a postsecondary institution.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="categoriesOfRecords">
                <xhtmlContent>
                    <p><b>Note:</b>  The FTI that the Department will obtain directly from the IRS under the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act will be maintained in a separate system of records, which is covered by the system of records notice entitled "FUTURE Act System (FAS)" (18-11-23).  This system will continue to maintain both historical and applicant-provided income information (either through a manual FAFSA entry or submission of alternative documentation of income (ADOI) through the IDR process).  Any reference to income throughout this system of records notice refers to income information that the Department did not obtain directly from the IRS but obtained from the applicant or from another source.
                    </p>
                    <p>The EDMAPS system includes, but is not limited to, the following categories of records:</p>
                    (1) <p> (1)Aid applicant and recipient identifier information, including Social Security number (SSN), FSA ID, name (both current and previous), date of birth, physical mailing address, phone number, email address, and driver’s license number and state of issuance;</p>
                    (2) <p> (2)Information on the aid recipient’s loan(s) covering the period from the origination of the loan through final payment, cancellation, consolidation, discharge, or other final disposition, including details such as loan amount, disbursements, balances, loan status, repayment plan payments and related information, collections, lender and guaranty agency claims, deferments, forbearances, refunds, and cancellations, master promissory notes, information collected to determine loan discharge eligibility along with eligibility and income verification consents;</p>
                    (3) <p>(3) Aid applicant and recipient demographic information from aid applications including, but not limited to, dependency status, citizenship, veteran status, marital status, sex/gender, race/ethnicity, incarceration flag, income and asset information (including income and asset information on the aid applicant’s or aid recipient’s parent(s), if a dependent aid applicant or recipient, and the aid applicant’s or recipient’s spouse, if married), and expected family contribution or Student Aid Index;</p>
                    (4) <p>(4) Demographic information on the spouse of a married aid applicant or aid recipient and the parent(s) of a dependent aid applicant or aid recipient from aid applications, including, but not limited to, U.S. passport number, name (current and previous), date of birth, SSN, FSA ID, driver’s license number and state of issuance, marital status, telephone number, email address, income and asset information, and parent highest level of schooling completed and college attendance status;</p>
                    (5) <p> (5)Information related to an aid applicant or aid recipient’s application for an income-driven repayment plan, including information such as current income, family size, repayment plan selection, and, if married, information about the aid applicant’s or recipient’s spouse;</p>
                    (6) <p> (6)Federal Pell Grant, ACG, National SMART Grant, TEACH Grant, FSEOG, and Iraq and Afghanistan Service Grant amounts and dates of disbursement, and money earned under the FWS Program;</p>
                    (7) <p> (7)Federal Pell Grant, ACG, National SMART Grant, Iraq and Afghanistan Service Grant, FSEOG, and Federal Perkins Loan Program overpayment amounts;</p>
                    (8) <p>(8) Information maintained by a guaranty agency, including, demographic, contact, and identifier information, an aid recipient’s FFEL loan(s), and the lender(s), holder(s), and servicer(s) of the aid recipient’s FFEL loan(s);</p>
                    (9) <p>(9) Information concerning the date of any default on loans;</p>
                    (10) <p> (10)Aid recipient loan information that contains information on financial institutions participating in the loan participation and sale programs established by the Department under the Ensuring Continued Access to Student Loan Act of 2008 (ECASLA) (P.L. 110–227), including the collection of ECASLA loan-level funding amounts, dates of ECASLA participation for financial institutions, dates and amounts of loans sold to the Department under ECASLA, and the amount of loans funded by the Department’s programs but repurchased by the lender;</p>
                    (11) <p>(11) Aid recipient enrollment information, such as enrollment status, information on the aid recipient’s  educational institution, level of study, the Classification of Instructional Programs (CIP) code, published length for the program in which the aid recipient enrolled at a postsecondary institution or programs of studies at the postsecondary institution and approved Prison Education Programs (PEPs) (the FAFSA Simplification Act allows for expanding access to Federal Pell Grants to include Federal and State penal facilities approved PEPs);</p>
                    (12) <p>(12) Records related to discharge of title IV, HEA obligations on grounds of qualifying service, bankruptcy discharge, death, Public Service Loan Forgiveness (PSLF) (including, but not limited to, employment records), Borrower Defense (including, but not limited to, case decisions, principal and interest discharged, amount refunded, and borrower defense notifications), or other statutory or regulatory grounds for relief;</p>
                    (13) <p>(13) Case records on complaints and feedback regarding title IV, HEA programs, Department contractors, and the practices and processes of the Department and fraud referrals;</p>
                    (14) <p> (14)Records on FSA user IDs and passwords, and password recovery questions and answers for individuals covered under the system including aid applicants and recipients, the parents of aid applicants and recipients under title IV, HEA programs, spouses of married aid applicant and aid recipients, PLUS loan endorsers, and third-party preparers;</p>
                    (15) <p>(15) Records of aid applicant or aid recipient contacts (phone calls and letters);</p>
                    (16) <p> (16)HEAL Program records, when loaded into the system for analysis of HEAL aid recipients’ use of the title IV, HEA programs;</p>
                    (17) <p> (17)Reference data about lenders and guaranty agencies, such as parent-subsidiary lender relationships, in addition to aggregated financials from lenders and guaranty agencies;</p>
                    (18) <p>(18) Centralized identifying and contact information received from the FAFSA, origination and disbursement records, loan servicers, and customers (via the studentaid.gov interface), augmented by algorithms to identify the most accurate and/or up-to-date identifying and contact records;</p>
                    (19) <p>(19) Credit check details, decision, adverse reasons/credit bureau info and credit appeal information on PLUS loan applicants, recipients, and endorsers;</p>
                    (20) <p>(20) Loan discharge income eligibility information, associated discharge eligibility and income verification consent information from discharge applicants or applicable applicant’s parent(s) or spouse, and income verification documentation of an aid recipient or applicable aid recipient’s parent(s) or spouse, pertaining to discharge of eligible loans under title IV, HEA programs;</p>
                    (21) <p> (21)Unstructured data, documentation, and images (such as PDF files), including, but not limited to, free-text fields, servicer telephone conversations, deferment forms, repayment plan application forms, consolidation application forms, loan discharge application forms, ADOI artifacts used to support IDR plans, and other agreements that may impact a legal obligation to repay funds disbursed under title IV, HEA programs;</p>
                    (22) <p>(22) Records regarding individuals at postsecondary institutions that participate in aid programs authorized under title IV of the HEA including, but not limited to, the name and taxpayer identification number or SSN of individuals with a substantial ownership interest in the institution, business address, phone numbers, and personal identification numbers assigned by the Department and employees, officials, and authorized representatives/agents of IHEs, and members of boards of directors or trustees of IHEs; employees of foreign entities (i.e., Non-U.S. Medical Evaluating Agency, Authorizing Agency) that evaluate the quality of education; and employees, officials, and authorized representatives/agents of third-party servicers, guaranty agencies, federal loan servicers, FFEL lenders, FFEL lenders’ servicers, and State agencies that participate in aid programs authorized under title IV of the HEA including, but not limited to, their name and taxpayer identification number or SSN.  The system also maintains the following information for all individuals covered by this paragraph including business address, phone numbers, and personal identification numbers assigned by the Department for analytics and reporting;</p>
                    (23) <p>(23) For aid recipients who began a program of study that prepares them for gainful employment in a recognized occupation pursuant to sections 101 and 102 of the HEA ("gainful employment program"), aid recipient identifiers including the recipient’s SSN, date of birth, and name, aid recipient enrollment information including the Office of Postsecondary Education identification number (OPEID number) of the postsecondary institution, the CIP code for the gainful employment program in which the aid recipient enrolled, and, if the aid recipient completed the program, the completion date and the CIP code of the completed program, the level of study, the amount of the aid recipient’s private education loan debt, the amount of institutionally provided financing owed by the aid recipient, and whether the aid recipient matriculated to a higher credentialed program at the same institution or another institution;</p>
                    (24) <p>(24) Information provided on third-party preparers, including, but not limited to, first name, last name, SSN or employer identification number, affiliation, address or employer’s address, signature, and signature date;</p>
                    (25) <p>(25) Consent/affirmative approval both to permit the Department to disclose information on IDR applicants or recipients to the IRS for the IRS to disclose FTI under subsection 494(a) of the HEA (20 U.S.C. 1098h(a)) and section 6103(l)(13)(A) and (C) of the IRC to the Department as part of a matching program to determine their monthly repayment obligation amounts for IDR plans under title IV of the HEA with respect to loans made under part D of title IV of the HEA (the Direct Loan program) and to permit the Department to redisclose FTI of such individuals pursuant to clauses section 6103(l)(13)(D)(iv) of the IRC and for the revocation of the consent/affirmative approval; and</p>
                    (26) <p>(26)Information on individuals who are not aid applicants or recipients under title, IV by Federal or State agencies as part of an interagency agreement or memorandum of understanding to allow analysis of title IV, HEA programs.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="recordSourceCategories">
                <xhtmlContent>
                    <p>Information is obtained from other Department systems, or their successor systems, such as the Federal Loan Servicers’ IT systems (covered by the system of records titled "Common Services for Borrowers (CSB)" (18-11-16)); the Debt Management and Collections System (covered by the system of records titled "Common Services for Borrowers (CSB)" (18-11-16)); COD (covered by the system of records titled "Common Origination and Disbursement (COD) System" (18-11-02)); FMS (covered by the system of records titled "Financial Management System (FMS)" (18-11-17)); SAIG, PM System (covered by the system of records titled "Student Aid Internet Gateway (SAIG), Participation Management System" (18-11-10)); Postsecondary Education Participants System (covered by the system of records titled "Postsecondary Education Participants System" (18-11-09)); NSLDS (covered by the system of records titled "National Student Loan Data System (NSLDS)" (18-11-06)); PAS (covered by the system of records titled "Person Authentication Service (PAS)" (18-11-12)); HEAL (covered by the system of records titled "Health Education Assistance Loan (HEAL) Program" (18-11-20)); and all IT systems covered by the system of records titled "Aid Awareness and Application Processing" (18-11-21).</p>
                    <p>The EDMAPS system receives origination and disbursement records on Federal Pell Grants, ACGs, National SMART Grants, TEACH Grants, Iraq and Afghanistan Service Gr ants, and Direct Loans; master promissory note records; records of PLUS loan credit checks and credit appeals; annual aggregated Federal Campus-Based Program (FWS, FSEOG, and Perkins Loan) records from post-secondary institutions; consolidation loan application records; repayment plan application records; and financial literacy (entrance and exit) counseling records from COD (covered by the systems of records titled ‘Common Origination and Disbursement (COD) System’’ (18–11– 02)) or any successor system.</p>
                    <p>Information in this system also may be obtained from other persons or entities from whom or from which information is obtained following a disclosure under the routine uses set forth below.</p>
                    <p>Information in this system may also be obtained on individuals who are not aid applicants or recipients under title, IV by Federal or State agencies as part of an interagency agreement or memorandum of understanding to allow analysis of title IV, HEA programs.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="routineUsesOfRecords">
                <xhtmlContent>
                    <p>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 (Privacy Act), under a computer matching agreement.</p>
                    <p>(1)Program Disclosures.  The Department may disclose records from this system of records for the following program purposes:</p>
                	<p>(a)To promote transparency, and the effective and efficient administration, of title IV, HEA programs, the Department may disclose records to guaranty agencies, educational institutions, financial institutions, and Federal, State, Tribal, and local government agencies;</p>
                   	<p>(b)To detect, prevent, mitigate, and recoup improper payments in title IV, HEA programs, the Department may disclose records to guaranty agencies, educational institutions, financial institutions, and Federal, State, Tribal, and local government agencies;</p>
                    <p>(c)To support auditors and program reviewers in planning and carrying out their assessments of title IV, HEA program compliance, the Department may disclose records to guaranty agencies, educational institutions, financial institutions and servicers, and Federal, State, Tribal, and local government agencies; and</p>
                    	<p>(d)To assist with the determination of eligibility for loan discharges, the Department may disclose records to holders of loans made under title IV of the HEA.</p>
                    	<p>(2)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 and on behalf of that individual.  The member's right to the information is no greater than the right of the individual who requested it.</p>
                    	<p>(3)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 government agency, whether Federal, State, Tribal, or local, charged with investigating or prosecuting that violation or charged with enforcing or implementing the statute, regulation, or order issued pursuant thereto.</p>
                    	<p>(4)Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                    	<p>(a)Introduction.  In the event that one of the following parties listed in subparagraphs (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 certain records from this system of records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                    	<p>(i)The Department or any of its components;</p>
                    	<p>(ii)Any Department employee in their official capacity;</p>
                    	<p>(iii)Any Department employee in their individual capacity if the U.S. Department of Justice (DOJ) has been requested to or has agreed to provide or arrange for representation of the employee;</p>
                    	<p>(iv)Any Department employee in their individual capacity when the Department has agreed to represent the employee;</p>
                    	<p>(v)The United States when the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                    	<p>(b)Disclosure to DOJ.  If the Department determines that disclosure of certain records to DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to DOJ.</p>
                    	<p>(c)Adjudicative Disclosure.  If the Department determines that it is relevant and necessary to judicial or administrative litigation or ADR to disclose certain records from this system of 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.</p>
                    	<p>(d)Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                    	<p>(5)Employment, Benefit, and Contracting Disclosure.</p>
                    	<p>(a)For Decisions by the Department.  The Department may disclose a record from this system of records to a Federal, State, Tribal, or local government agency, or to another public agency or professional organization, maintaining civil, criminal, or other relevant enforcement or other pertinent records 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.</p>
                    	<p>(b)For Decisions by Other Public Agencies and Professional Organizations.  The Department may disclose a record to a Federal, State, Tribal, local, or other government or public agency 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.</p>
                    	<p>(6)Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to a grievance, complaint, or disciplinary action involving a present or former employee of the Department, the Department may disclose the record during 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.</p>
                    	<p>(7)Labor Organization Disclosure.  The Department may disclose a record 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.</p>
                   	<p>(8)Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to DOJ or the 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.</p>
                    	<p>(9)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 programs covered by this system.</p>
                    	<p>(10)Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                    	<p>(11)Research Disclosure.  The Department may disclose records to a researcher if the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to the functions or purposes of this system of records.  The Department may disclose records from this system of records to that Federal 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.</p>
                    	<p>(12)Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records from this system of 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.</p>
                    	<p>(13)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.</p>
                    	<p>(14)Disclosure to the OMB and CBO for Federal Credit Reform Act (FCRA) Support.  The Department may disclose records to OMB and CBO as necessary to fulfill FCRA requirements in accordance with 2 U.S.C. 661b.</p>
                    	<p>(15)Disclosure to National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="policiesAndPractices">
                <xhtmlContent>
                    <p>The Department electronically stores information at the AWS site referenced in the foregoing section titled "SYSTEM LOCATION."  For example, the Department electronically stores, for the entire Federal Student Aid life cycle from application through loan payoff, aid applicant and aid recipient demographic and title IV, HEA aid information such as, but not limited to, FFEL program, FISL program, and Perkins Loan records at the AWS site.  The Department also stores electronic master promissory notes, electronic Special Direct Consolidation Loan opportunity applications and promissory notes, electronic requests to repay a Direct Loan under an income-driven repayment plan, and Federal Direct Consolidation Loan applications and promissory notes at the AWS site.  Finally, data obtained from the paper promissory notes or the paper loan discharge eligibility form are stored on hard disks at the AWS site.  (These are referred to as metadata and are used by the system to link promissory notes or loan discharge eligibility forms to an aid recipient.)</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retrievability">
                <xhtmlContent>
                    <p>With some exceptions, the Department does not generally use the EDMAPS system for the retrieval of individual records.  However, system administrators and a handful of privileged users are able to retrieve records from the EDMAPS system by award ID, customer ID, borrower ID, an individual's SSN, last name, first name, and date of birth.  Further, the Department uses the EDMAPS system to retrieve individual records to process eligibility information and other information about of aid recipients and to send it to Federal Loan Servicers for the discharge of eligible student loans under the title IV, HEA programs.  Internal reports also provide a secure vehicle for approved Department employees and Department contractor staff to access samples of individual records, for example as part of performing program reviews.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retentionAndDisposal">
                <xhtmlContent>
                    <p>The Department has submitted a retention and disposition schedule that covers the primary records contained in this system to NARA for review.  The Department will treat these records as "permanent records," as defined in 36 CFR 1220.18, until such time as a final disposition is approved.</p>
                    <p>The EDMAPS system may also contain certain records that the Department considers, on a case-by-case basis and with the approval of the Agency Records Officer, to be covered by General Records Schedule 5.2, "Transitory and Intermediary Records."</p>
                </xhtmlContent>
            </subsection>
            <subsection type="safeguards">
                <xhtmlContent>
                    <p>All users of the system will have a unique user ID with password.  In addition to the user ID and password, users must authenticate their Personal Identity Verification (PIV) card to access the system, from within either the Department’s Network, the Department’s Global Protect Virtual Private Network (VPN), or the Department’s vendor’s Cisco AnyConnect VPN.  Users are required to change their password at least every 60 days in accordance with the Department's information technology standards.</p>
                    <p>All physical access to the information housed in the EDMAPS system locations is controlled and monitored by security personnel who check each individual entering the building for their employee or visitor badge.</p>
                    <p>The computer system employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection.  This security system limits data access to Department and Department contractor staff on a "need-to-know" basis and controls individual users’ ability to access and alter records within the system.  All interactions by users of the system are recorded.  Users of the EDMAPS system do not see personally identifiable information (PII), even when looking at individual records.  EDMAPS tokenizes PII, meaning that PII is swapped out for non-sensitive random values.  This does not prevent users of EDMAPS from joining tables containing the same PII data element, because tokenization ensures that the same non-sensitive value is swapped out in every table that has that particular data element, for example SSN or date of birth.</p>
                    <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security and privacy controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                    <p>FISMA controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families: access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="recordAccessProcedures">
                <xhtmlContent>
                    <p>If you wish to gain access to a record regarding you in this system of records, contact the system manager at the address listed above.  You must provide the system manager with the necessary particulars such as your full, legal name, date of birth, address, and any other identifying information requested by the Department while processing the request in order to distinguish between individuals with the same name.  Requesters must 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.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="contestingRecordProcedures">
                <xhtmlContent>
                    <p>If you wish to contest the content of your personal record within the system of records, contact the system manager at the address listed above and provide your full, legal name, date of birth, and SSN.  Identify the specific items to be changed and provide a written justification for the change.  Requests to amend a record must meet the requirements in 34 CFR 5b.7.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="notificationProcedure">
                <xhtmlContent>
                    <p>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.  You must provide necessary particulars such as your full, legal name, date of birth, address, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Requests must meet the requirements in 34 CFR 5b.5, including proof of identity.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="exemptionsClaimed">
                <xhtmlContent>
                    <p>None.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="history">
                <xhtmlContent>
                    <p>The system of records entitled "Enterprise Data Management and Analytics Platform Services (EDMAPS)" (18-11-22) was first published in full in the Federal Register on September 13, 2022 (87 FR 56038-56044).
                </p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="ed18-11-23" toc="yes">
        <systemNumber>18-11-23</systemNumber>
        <subsection type="systemName">
            <p>FUTURE Act System (FAS) (18-11-23)</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Amazon Web Services (AWS) GovCloud West-1, 875 Howard Street, San Francisco, CA, 94103-3009.  (AWS GovCloud hosts the infrastructure that supports the FAS.)  Federal Student Aid (FSA), U.S. Department of Education, Union Center Plaza, 830 First Street, NE, Washington, DC 20202-5454.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>FUTURE Act System Manager, Technology Directorate, Federal Student Aid (FSA), U.S. Department of Education, Union Center Plaza, 830 First Street, NE, Washington, DC 20202-5454.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Title IV of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1070 et seq.); section 141(f) of the HEA (20 U.S.C. 1018(f)), and 6103(1)(13) and p(4) of the IRC and IRS Publication 1075 Tax Security Guidelines for Federal, State, and Local Agencies.  The collection of Social Security numbers (SSNs) and Taxpayer Identification numbers (TINs) of individuals (including parents of dependent applicants and spouse(s) of independent applicants), who apply for or receive Federal student financial assistance under programs authorized by title IV of the HEA is also authorized by 31 U.S.C. 7701 and Executive Order 9397, as amended by Executive Order 13478 (November 18, 2008).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in this system is maintained for the following purposes related to aid applicants and recipients under title IV of the HEA:</p>
                (1)	<p>To provide an aid applicant’s or aid recipient’s financial aid history to aid applicants or aid recipients, IHEs, Tribes, and Federal, State higher education agencies, or local agencies, and third-party servicers;</p><p>
                    (2)	To assess the administration of title IV, HEA program funds;
                </p><p>
                    (3)	To identify, recoup, and prevent improper payments in title IV, HEA programs;
                </p><p>
                    (4)	To help Federal, State, Tribal and local government agencies exercise their supervisory and administration powers (including, but not limited to licensure, examination, discipline, regulation, or oversight of IHEs, Department contractors, guaranty agencies, lenders and loan holders, and third-party servicers);
                </p><p>
                    (5)	To respond to aid applicant or aid recipient complaints submitted regarding the practices or processes of the Department and/or the Department’s contractor;
                </p><p>
                    (6)	To update information and correct errors contained in Department records regarding the aid applicant’s or aid recipient’s title IV, HEA program funds;
                </p><p>
                    (7)	To support the investigation of possible fraud and abuse and detect and prevent fraud and abuse in title IV, HEA program funds;
                </p><p>
                    (8)	To determine an applicant’s eligibility for the award of aid under title IV of the HEA, State postsecondary education assistance, and aid by eligible IHEs or other entities that have been designated by the Secretary, as currently permitted by Section 483(a)(3)(E) of the HEA (20 U.S.C. 1090(a)(3)(E)), and to administer those awards.
                </p>
                <p>Pursuant to sections 6103(l)(13)(A) and (C) of the Internal Revenue Code (IRC) the Department will use the Federal tax information (FTI) disclosed to the Department by the U.S. Department of the Treasury, Internal Revenue Service (IRS), that the Department maintains in this system for the purpose of determining eligibility for, or repayment obligations under, Income-Driven Repayment (IDR) plans under title IV of the HEA, with respect to loans under part D of title IV of the HEA; and determining eligibility for, and amount of Federal student financial aid under, a program authorized under subpart 1 of part A, part C, or part D of title IV of the HEA.</p>
                <p>To the extent that the Department determines it to be required by law or essential to the conduct of its matching program with the IRS, the Department may also use the FTI that the Department maintains in this system for the foregoing purposes for the following additional purposes permitted by section 6103(l)(13)(D)(i) of the IRC:</p>
                <p>(1) reducing the net cost of improper payments:</p>
                <p>(a) under IDR plans, and</p>
                <p>(b) relating to awards of Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D of title IV of the HEA;</p>
                <p>(2) the Department’s Office of Inspector General’s (OIG’s) oversight activities as authorized by chapter 4 of title 5 of the United States Code, except for the purpose of conducting criminal investigations or prosecutions; and (3) conducting analyses and forecasts for estimating costs related to:</p>
                <p>(a) IDR plans, and</p>
                <p>(b) awards of Federal student financial aid under subpart 1 of part A, part C, or part D of title IV of the HEA.</p>
                <p>The Department also uses the FTI that the Department maintains in this system to produce an Student Aid Report (SAR) / FAFSA Submission Summary (FSS), Institutional Student Information Record (ISIR) and, as permitted by section 6103(l)(13)(D)(iii) of the IRC and provided the Department has obtained the applicable individual’s written consent, to distribute the ISIR to authorized institutions of higher education (IHEs), State higher education agencies, and certain scholarship organizations solely for the use in the application, award, and administration of financial aid awarded by the Federal Government, by an IHE that participates in a program under subpart 1 of part A, part C, or part D of title IV of the HEA, by a State higher education agency, or by a scholarship organization designated by the Secretary of Education prior to December 19, 2019, under section 483(a)(3)(E) of the HEA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system of records maintains records on aid applicants, aid recipients, and participants (i.e., parent(s) of dependent applicants and spouse(s) of independent applicants) who apply for repayment of their obligations under IDR plans under title IV of the HEA with respect to loans under part D of title IV of the HEA, or who apply for Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D of title IV of the HEA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>This system of records maintains information provided by aid applicants for and aid recipients, or participants (as defined above) of, title IV, HEA program assistance on the Free Application for Federal Student Aid (FAFSA®) including, but not limited to, the applicant’s last name, date of birth, SSN and/or TIN, unique identifier, consent/affirmative approval information, and the date/time stamp of the consent/affirmative approval provided for the purposes set forth in section 6103(l)(13)(C) of the IRC, clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the IRC, and under section 494(a) of the HEA (20 U.S.C. 1098h(a)).  This system also maintains similar information provided about participants (as defined above) on the FAFSA.  For an aid applicant or aid recipient who is married, this system of records also maintains spousal income and asset information.  For an aid applicant or aid recipient who is a dependent student, this system of record maintains their income and asset information as well as the income and asset information of their parent(s).</p>
                <p> In addition, this system maintains data related to FTI transmission processing, such as when FTI batch data was transmitted and received by the FTI SAIG.</p>
                <p> This system also maintains the following data on IDR applicants and their spouses, if applicable, to calculate and produce the output calculation of the monthly repayment amount for IDR-related plans:  the applicant’s last name, date of birth, SSN and/or TIN, and unique identifier, and the consent/affirmative approval including date/time stamp provided for the purposes set forth in section 6103(l)(13)(A) of the IRC, clauses (iii), (iv), (v), and (vi) of section 6103(l)(13)(D) of the IRC, and under section 494(a) of the HEA (20 U.S.C. 1098h(a)).</p>
                <p> Further, this system maintains the following FTI to determine eligibility for, and amount of, Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D of title IV of the HEA:  SSA/TIN; tax year; last name; filing status code; adjusted gross income (AGI) amount; total number of tax exemptions; total number of dependents; income earned from work (sum of wages, farm income, Schedule C income); total amount of income tax paid; total allowable education tax credits; sum of untaxed IRA contributions and other payments to qualified plans; tax-exempt interest received; sum of untaxed pensions and annuities; net profit/loss from Schedule C; and indicator of filing for Schedules A, B, D, E, F, and H.  This FTI will be used to generate a Student Aid Index (SAI), which will also be maintained in this system.</p>
                <p>This system maintains the following FTI to determine eligibility for, or repayment of obligations under, IDR plans under title IV of the HEA with respect to loans under part D of title IV of the HEA:  SSN/TIN, tax year; last name; filing status code; AGI amount; total number of exemptions; and total number of dependents.  This FTI will be used to calculate monthly payment amounts, which will also be maintained in this system.</p>
                <p>Note: With the consent/affirmative approval of the applicants, an ISIR will be provided to the IHEs identified on the applicant’s FAFSA indicating the applicant’s SAI, application results, whether there is discrepant or insufficient data, or FPS assumptions that affect FAFSA processing.  The SAI will be used by IHEs to determine the student’s eligibility for Federal and institutional program assistance, by State higher education agencies to determine the student’s eligibility for State aid, and, if provided by the aid applicant or aid recipient, the Bureau of Indian Affairs (BIA) for tribal assistance.  </p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> Information maintained in this system is obtained from aid applicants or aid recipients, the parent(s) of dependent aid applicants or aid recipients (for FAFSA purposes only), and the spouse(s) of independent aid applicants or aid recipients for title IV, HEA program assistance;; the authorized employees or representatives of IHEs, institutional third-party servicers, and State higher education agencies; and other persons or entities from which information is disclosed following a disclosure of records under the routine uses set forth below.</p>
                <p>This system maintains information added during FTI processing and receives information from other Department information technology systems or their successor systems, such as the National Student Loan Data System (NSLDS) (covered by the Department’s system of records notice entitled "National Student Loan Data System (NSLDS)" (18-11-06)); Common Origination and Disbursement (COD) System (covered by the Department’s system of records notice entitled "Common Origination and Disbursement (COD) System" (18-11-02); Enterprise Data Management and Analytics Platform Services (EDMAPS) (covered by the Department’s system of records notice entitled "Enterprise Data Management and Analytics Platform Services" (18-11-22)); Person Authentication Service (PAS) (covered by the Department’s system of records notice entitled "Person Authentication Service (PAS)" (18-11-12)); Postsecondary Education Participants System (PEPS) (covered by the Department’s system of records notice entitled "Postsecondary Education Participants System (PEPS)" (18-11-09)); and all information technology systems  covered by the Department’s system of records entitled "Aid Awareness and Application Processing" (18-11-21).</p>
                <p>Information maintained in this system is also obtained through a matching program with the IRS.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose information maintained 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 pursuant to a computer matching agreement that meets the requirements of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a).  However, any FTI maintained in a record in this system of records may only be disclosed without the consent of the individual under the routine uses listed in this system of records notice if the disclosure is compatible with the purposes for which the record was collected and if the disclosure is permissible under section 6103(l)(13) of the IRC.  Section 483(a)(3)(E) of the HEA, which will be in effect until June 30, 2024, also restricts the use of the information collected by the electronic FAFSA to the application, award, and administration of aid awarded under title IV of the HEA or of aid awarded by States, eligible IHEs, or such entities as the Secretary of Education may designate.  Thus, until July 1, 2024, any such FAFSA information may only be disclosed under the routine uses listed in this system of records notice if the disclosure is compatible with the purposes for which the record was collected and if the disclosure is for the application, award, and administration of aid awarded under title IV of the HEA or of aid awarded by States, eligible IHEs, or such entities as the Secretary of Education may designate.</p>
                <p>Program Disclosures.  The Department may disclose records from this system of records for the following program purposes:</p>
                <p>(a)  To provide an aid applicant’s or aid recipient's financial aid history, the Department may disclose records to IHEs, Tribes, and Federal, State higher education agencies, or local agencies, and third-party servicers;</p>
                <p>(b)  To facilitate receiving application and recertification information, calculating IDR plans monthly payment amounts, and calculating SAI, the Department may disclose records to IHEs, and Federal, State higher education agencies, or local agencies, Tribes, and third-party servicers;</p>
                <p>(c)  To assist the Department in assessing the administration of title IV, HEA program funds, the Department may disclose records to IHEs, third-party servicers, and Federal and State agencies;</p>
                <p>(d)  To support the Department in identifying, preventing, and recouping, improper payments in title IV, HEA programs, the Department may disclose records to IHEs, third-party servicers, Tribes, and Federal, State, or local agencies, State higher education agencies, and fiscal/financial agent designated by the U.S. Department of Treasury include employees, agents, or contractors of such agent;</p>
                <p>(e)  To help Federal, State, Tribal, and local governmental agencies exercise their supervisory and administrative powers (including, but not limited to licensure, examination, discipline, regulation, or oversight of educational institutions, Department contractors, guaranty agencies, eligible lenders, and third-party servicers) or to investigate, respond to, or resolve complaints submitted regarding the practices or processes of the Department and/or the Department’s contractors, the Department may disclose records to governmental entities at the Federal, State, Tribal, and local levels.  These records may include all aspects of records relating to loans and grants made under title IV of the HEA, to permit these governmental entities to verify compliance with debt collection, consumer protection, financial, and other applicable statutory, regulatory, or local requirements.  Before making a disclosure to these Federal, State, local, or Tribal governmental entities, the Department will require them to maintain safeguards consistent with the Privacy Act to protect the security and confidentiality of the disclosed records;</p>
                <p>(f)  To support the investigation of possible fraud and abuse and to detect and prevent fraud and abuse in title IV, HEA program funds, the Department may disclose records to IHEs, third-party servicers, Tribal, and Federal, State, or local agencies; and</p>
                <p>(g)  To determine an aid applicant’s eligibility for the award of aid under title IV of the HEA, and to assist with the awarding and administration of aid, State postsecondary education assistance, and aid by eligible IHEs or other entities designated by the Secretary of Education and to administer those awards, the Department may disclose records to State agencies, eligible IHEs, third-party servicers, Tribal, Federal, State, or local agencies, and other entities that award aid to students that have been designated by the Secretary of Education.</p>
                <p> (2)  Enforcement Disclosure.  If 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 Federal, State, Tribal, or local, charged with investigating or prosecuting that violation or charged with enforcing or implementing the statute, regulation, or order issued pursuant thereto.</p>
                <p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(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 certain records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i)  The Department or any of its components;</p>
                <p>(ii)  Any Department employee in their official capacity;</p>
                <p>(iii)  Any Department employee in their individual capacity where the U.S. Department of Justice (DOJ) agrees to or has been requested to provide or arrange for representation of the employee;</p>
                <p>(iv)  Any Department employee in their individual capacity where the Department has agreed to represent the employee; and</p>
                <p>(v)  The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p> (b)  Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the DOJ.</p>
                <p>(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 judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, person, or entity.</p>
                <p> (d)  Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records is relevant and necessary to judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p> (4)  Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or to the Office of Management and Budget (OMB) if the Department determines that disclosure would help in determining whether records are required to be disclosed under the FOIA or the Privacy Act.</p>
                <p> (5)  Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records to the contractor's employees, the Department may disclose the records to those employees.  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.</p>
                <p> (6)  Congressional Member Disclosure.  The Department may disclose records to a Member of Congress in response to an inquiry from the Member made at the written request of and on behalf of the individual whose records are being disclosed.  The Member’s right to the information is no greater than the right of the individual who requested it.</p>
                <p> (7)  Employment, Benefit, and Contracting Disclosure.</p>
                <p>(a)  For Decisions by the Department.  The Department may disclose a record to a Federal, State, Tribal, or local agency or to another public authority or professional organization, maintaining civil, criminal, or other relevant enforcement or other pertinent records, 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.</p>
                <p>(b)  For Decisions by Other Public Agencies and Professional Organizations.  The Department may disclose a record to a Federal, State, Tribal, local, 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.</p>
                <p> (8)  Employee Grievance, Complaint, or Conduct Disclosure.  If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action involving a present or former employee of the Department, the Department may disclose a record from this system of records in the course of investigation, fact-finding, or adjudication to any party to the grievance, complaint, or action; to the party’s counsel or representative; to a witness; or to a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.</p>
                <p>(9)  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.</p>
                <p>(10)  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.</p>
                <p>(11)  Research Disclosure.  The Department may disclose records to a researcher if the Department determines that the individual or organization to which the disclosure would be made is authorized and qualified to carry out specific research related to functions or purposes of this system of records.  The Department 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.</p>
                <p>(12)  Disclosure to the OMB and Congressional Budget Office (CBO) for Federal Credit Reform Act (FCRA) Support.  The Department may disclose records to OMB and CBO as necessary to fulfill FCRA requirements in accordance with 2 U.S.C. 661b.</p>
                <p>(13)  Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records to appropriate agencies, entities, and persons when (a) the Department suspects or has confirmed that there has been a breach of the system of records; (b) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (including its information systems, 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.</p>
                <p>(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.</p>
                <p>(15)  Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.</p>
                <p>DISCLOSURE TO CONSUMER REPORTING AGENCIES:</p>
                <p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose the following information to a consumer reporting agency regarding a valid, overdue claim of the Department:  (1) the name, address, TIN, 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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these disclosures may be made is defined at 15 U.S.C. 1681a(f) and 31 U.S.C. 3701(a)(3).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Electronic applicant records, which may include optically imaged documents, are stored on Direct Access Storage Device (DASD) disks in a virtual disk library, in the computer facilities controlled by the Federal Student Aid Data Center.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system pertaining to a title IV, HEA loan aid applicant or aid recipient are indexed and retrieved by a single information element or a combination of the following information elements:  SSN/TIN, name, date of birth, and/or the academic year in which the aid applicant applied for title IV, HEA program assistance.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> Records that constitute FTI that are maintained in this system are primarily retained and disposed of in accordance with the following records schedules:</p>
                <p>(a) The Department will maintain FTI that the Department receives from the IRS pursuant to section 6103(l)(13)(A) of the IRC for the purpose of determining eligibility for, or repayment obligations under, IDR plans under title IV of the HEA with respect to loans under part D of title IV of the HEA, in accordance with ED Records Schedule 072, "FSA Application, Origination, and Disbursement Records" (DAA-0441-2013-0002)(ED 072); ED Records Schedule 075, "FSA Loan Servicing, Consolidation, and Collections Records" (DAA-N1-441-09-016) (ED 075); and ED Records Schedule 051, "FSA National Student Loan Data System(NSLDS)" (DAA-0441-2017-0004) (ED 051).  The Department has proposed amendments to ED 072, ED 051, and ED 075 for NARA’s consideration and will not destroy records covered by these records schedules until such amendments are in effect, as applicable;</p>
                <p>(b) The Department will maintain FTI that the Department receives from the IRS pursuant to sections 6103(l)(13)(A) and/or (C) of the IRC that the Department uses for the purpose of reducing the net cost of improper payments under such IDR plans and relating to such awards, and pursuant to section 6103(l)(13)(C) of the IRC for the purpose of determining eligibility for, and amount of, Federal student financial aid under the programs authorized under subpart 1 of part A, part C, or part D of title IV of the HEA in accordance with ED Records Schedule 052, "Ombudsman Case Files" (N1-441-09-21) (ED 052).  The Department has proposed amendments to ED 052 for NARA’s consideration and will not destroy records covered by this records schedules until such amendments are in effect, as applicable;</p>
                <p>(c) The Department will maintain FTI that the Department receives from the IRS pursuant to sections 6103(l)(13)(A) and/or (C) of the IRC that the Department uses for the purpose of oversight by the Department’s OIG as authorized by chapter 4 of title 5 of the United States Code, except for the purpose of conducting criminal investigations or prosecutions, in accordance with OIG "Office of Inspector General Simplified Records Schedule" (DAA-0441-2021-0001); and</p>
                <p>(d)  The Department will maintain FTI that the Department receives from the IRS pursuant to IRC sections 6103(l)(13)(A) and/or (C) of the IRC that the Department uses for the purpose of conducting analyses and forecasts for estimating costs related to IDR plans and/or awards of Federal student financial aid under the Pell Grant, FWS or Direct Loan, programs authorized under subpart 1 of part A, part C, or part D of title IV of the HEA in accordance with ED Records Schedule 057, "Office of the Secretary, Deputy Secretary and Under Secretary," (DAA-441-97-1) (ED 057), item 16a; and General Records Schedule 1.3, "Budgeting Records," items 040 and 041.  The Department proposed amendments to ED 057 for NARA’s consideration and will not destroy records covered by this records schedule until such amendments are in effect, as applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All users of the system will have a unique user ID with a password.  All physical access to the data housed at system locations is controlled and monitored by security personnel who check each individual entering the building for their employee or visitor badge.  The computer system employed by the Department offers a high degree of resistance to tampering and circumvention with firewalls, encryption, and password protection.  This security system limits data access to Department and contract staff on a "need-to-know" basis, and controls individual users' ability to access and alter records within the system.  All interactions by users of the system are recorded.</p>
                <p>In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official. The ATO process includes a rigorous assessment of security and privacy controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
                <p>FISMA controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families: access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.  The Department will maintain all FTI obtained from the matching program in accordance with section6103(p)(4) of the IRC and comply with the safeguards requirements set forth in IRS Publication 1075, Tax Information Security Guidelines for Federal, State, and Local Agencies, which is the IRS published guidance for security guidelines and other safeguards for protecting FTI pursuant to section6103(p)(4) of the IRC and 26 CFR 301.6103(p)(4)-1.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record in this system, FAFSA applicants and contributors are encouraged to contact their IHE financial aid administrators to access their record most efficiently.  IDR applicants, and those recertifying their IDR benefits, may access their non-FTI information by contacting their Federal student loan servicer.  Either set of individuals may gain access to their complete records from this system, including FTI, by contacting the system manager at the address listed above.  You must provide necessary particulars such as your name, SSN/TIN, date of birth, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Alternatively, to gain access to a record in the system, you can make a Privacy Act request through the Department’s FOIA Service Center at https://www2.ed.gov/policy/gen/leg/foia/request_privacy.html by completing the applicable request forms.</p>
                <p>Requests by an individual for access to a record must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest or change the content of a record about you in the system of records, provide the System Manager with your name, date of birth, SSN/TIN, and any other identifying information requested by the Department, while processing the request, to distinguish between individuals with the same name.  Identify the specific items to be changed and provide a justification for the change.</p>
                <p>Requests to amend a record must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists about you in the system of records, contact the system manager at the address listed above.  You must provide necessary particulars such as your name, SSN/TIN, date of birth, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Alternatively, you can make a Privacy Act request through the Department’s FOIA Service Center at https://www2.ed.gov/policy/gen/leg/foia/request_privacy.html by completing the applicable request forms.</p>
                <p>Requests for notification about whether the system of records contains information about an individual must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>




    <section id="ed18-12-01" toc="yes">
<systemNumber>18-12-01</systemNumber>
<subsection type="systemName">Title VI Foreign Language and Area Studies Fellowships (FLAS).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>International Education and Graduate Programs Service, Office of Postsecondary Education,
U.S. Department of Education, 1250 Maryland Avenue, SW, Room 600, Portals Building, Washington, DC
20202-5331.
</p><p>AppNet, 103 W. Broad Street, Fifth Floor, Falls Church, VA 22046.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Graduate Students, who have been nominated for FLAS fellowships by grantee institutions of
higher education.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Title VI FLAS Records System consists of a variety of records relating to an
individual's applications for, and participation in, the FLAS program.  In addition to the
individual's name, the system contains the participant's grantee institution, degree status, award
period, amount of the award, language of the award, title of language course taken, major
discipline, career goal, foreign language proficiency self-evaluation, and a brief description and
evaluation of the study program.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Higher Education Act of 1965, as amended, Part A, Title VI, Section 602(b).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is used to determine the eligibility of nominees
for FLAS fellowships; to monitor compliance and accomplishments; and to use the data to demonstrate
program effectiveness.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>Department of Education personnel, field readers, and grantee institutions use the information to
determine the eligibility of nominees and to monitor the progress of foreign language and area
studies training.  Department of Education personnel and AppNet use some of the data to demonstrate
program effectiveness.  Disclosure may be made to the following entities as well:
</p><p>(1)  Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(2)  Enforcement Disclosure.  In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4)  Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(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 present or former employee of the Department:
complaint, grievance, discipline or competence determination proceedings.  The disclosure may only
be made during the course of the proceeding.
</p><p>(6)  Labor Organization Disclosure.  A component of the Department may disclose records to a
labor organization if a contract between the component and a labor organization recognized under
Title V of the United States Code, Chapter 71, provides that the Department will disclose personal
records relevant to the organization's mission.  The disclosures will be made only as authorized by
law.
</p><p>(7)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8)  Disclosure to the Department of Justice (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.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records.  The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12)  Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA)
Support.  The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12):  The Department may disclose to a consumer
reporting agency information regarding a claim by the Department which is determined to be valid and
overdue as follows:  (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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these
disclosures may be made is defined at 31 U.S.C. 3701(a)(3).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>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 US Department of Education personnel.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Hardcopy files are retrieved by individual names and educational institution.  Electronic
files can be accessed through all data elements.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department of Education site, and the site of Department
contractors where this system of records is maintained, is controlled and monitored by personnel who
check each individual entering the building.
</p><p>The computer system employed by AppNet offers a high degree of resistance to tampering and
circumvention. This security system limits data access to Department of Education 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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Hardcopy records are maintained for five years and then destroyed.  Data stored in the
electronic data warehouse are maintained until the need for longitudinal studies to demonstrate
program effectiveness is no longer required.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, International Education and Graduate Programs Service, Office of Postsecondary
Education, U.S. Department of Education, 400 Maryland Avenue, SW., Room 600B, Portals Building,
Washington, DC  20202-5247.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
provide the system manager with your name, the year of the award, the name of the grantee
institution, and language of the award.  Your request must meet the requirements of the regulations
at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Contact the system manager.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Contact the system managers.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from the individual and grantee institutions on approved forms in
hardcopy or electronic format.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-12-02" toc="yes">
<systemNumber>18-12-02</systemNumber>
    <subsection type="systemName">
        <p>Fulbright-Hays-Doctoral Dissertation Research Abroad (DDRA), Faculty Research Abroad (FRA), and Seminars Abroad (SA) (18-12-02).</p>
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>International and Foreign Language Education (IFLE), Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-6110.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Program Officer, Fulbright-Hays Programs, International and Foreign Language Education (IFLE), Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202–6110.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>The Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451–2458).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>The information contained in this system is used for the following purposes:  (1) to determine an applicant’s qualifications, eligibility, suitability, and feasibility to receive a fellowship under the DDRA, FRA, and SA programs; (2) to award benefits for overseas research; (3) to monitor the progress of the projects funded under these programs, including their accomplishments; and (4) to demonstrate these programs’ effectiveness.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>The system of records consists of a variety of records relating to an individual’s application for, and participation in, the Fulbright-Hays DDRA, FRA, or SA programs.  In addition to the individual’s name, the system contains the individual’s address, telephone number, email address, educational institution, date and place of birth, citizenship, veteran 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 U.S. Embassy comments, award documents, individual fellowship applications, overseas travel requests, grant activation requests and final individual fellowship project reports.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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) (5 U.S.C. 552a), under a computer matching agreement (CMA).</p>
            <p>(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.</p>
            <p>(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.</p>
            <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
            <p>(a) Introduction.  In the event that one of the parties listed below is involved in judicial or administrative litigation or ADR, or has an interest in such 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:</p>
            <p>(i) The Department, or any of its components;</p>
            <p>(ii) Any Department employee in their official capacity;</p>
            <p>(iii) Any Department employee in their individual capacity where the Department of Justice (DOJ) agrees to or has been requested to provide or arrange for representation for the employee;</p>
            <p>(iv) Any Department employee in their individual capacity where the agency has agreed to represent the employee;</p>
            <p>(v) The United States, where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p>(b) Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the 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.</p>
            <p>(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 the adjudicative body, individual, or entity.</p>
            <p>(d) Disclosure to Parties, Counsels, Representatives, and Witnesses.  If the Department determines that disclosure of certain records 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.</p>
            <p>(4) Employment, Benefit, and Contracting Disclosure.</p>
            <p>(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.</p>
            <p>(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.</p>
            <p>(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.</p>
            <p>(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.</p>
            <p>(7) Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to the DOJ or to the Office of Management and Budget (OMB) if the Department determines that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA or the Privacy Act.</p>
            <p>(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.</p>
            <p>(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 protect the security and confidentiality of the disclosed records.</p>
            <p>(10) Research Disclosure.  The Department may disclose records to a researcher if 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 Department 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.</p>
            <p>(11) 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 and on behalf of that individual.  The Member’s right to the information is no greater than the right of the individual who requested it.</p>
            <p>(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.</p>
            <p>(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, 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.</p>
            <p>(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.</p>
            <p>(15) Disclosure to the National Archives and Records Administration (NARA).  The Department may disclose records from this system of records to NARA for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>The performance reporting records are stored in IRIS, IFLE’s online annual performance reporting system, and are accessible to individual participants, participants’ institutions, and Department personnel.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>Records are retrieved by individual names, award number, and name of educational institution.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>Grantee applications and financial records are stored in the Department’s G5 system, which is covered by the system of records notice entitled "Education's Central Automated Processing System (EDCAPS)" (18-04-04) that was last modified and published in full in the Federal Register on December 24, 2015 (80 FR 80331 - 80339).  All individual fellow performance report files are stored in IFLE’s IRIS system.  In IRIS, fellowship files are accessible to grantee institutions that distribute funds to the fellows, fellows, and IFLE program staff through the use of usernames and passwords.  In accordance with the Federal Information Security Management Act of 2002 (FISMA), as amended by the Federal Information Security Modernization Act of 2014, every Department system must receive a signed Authorization to Operate (ATO) from a designated Department official.  The ATO process includes a rigorous assessment of security and privacy controls, a plan of actions and milestones to remediate any identified deficiencies, and a continuous monitoring program.</p>
            <p>FISMA controls implemented are comprised of a combination of management, operational, and technical controls, and include the following control families: access control, awareness and training, audit and accountability, security assessment and authorization, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical and environmental protection, planning, personnel security, privacy, risk assessment, system and services acquisition, system and communications protection, system and information integrity, and program management.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
         </xhtmlContent></subsection></section>
<section id="ed18-12-03" toc="yes">
<systemNumber>18-12-03</systemNumber>
<subsection type="systemName">Jacob K. Javits Fellowship System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>International Education and Graduate Programs Service, Office of Postsecondary Education,
U.S. Department of Education, 1250 Maryland Avenue, SW., Room 600, Portals Building, Washington, DC
20202-5247.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on individuals who apply for fellowships under the Jacob K.
Javits Fellowship Program.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Jacob K. Javits Fellowship System consists of a variety of records relating to a
student's application for, and participation in, the Javits Fellowship Program.  In addition to the
student's name, the system contains the student's social security number, or nine digit
identification number, address, scholastic accomplishments, rating scores, and reference letters.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title VII, Part A, Subpart 1 of the Higher Education Act of 1965, as amended (20 U.S.C. 1134
-1134d).  The program regulations are found in 34 CFR part 650.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is used to determine the qualifications,
eligibility, and suitability in the selection of fellows; to maintain the progress of fellows; to
ensure compliance with program requirements; and to use the data to demonstrate program
effectiveness.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4) Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(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 present or former employee of the Department: complaint,
grievance, discipline or competence determination proceedings.  The disclosure may only be made
during the course of the proceeding.
</p><p>(6) Labor Organization Disclosure. A component of the Department may disclose records to a labor
organization if a contract between the component and a labor organization recognized under Title V
of the United States Code, Chapter 71, provides that the Department will disclose personal records
relevant to the organization's mission.  The disclosures will be made only as authorized by law.
</p><p>(7) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8) Disclosure to the Department of Justice (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.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records.  The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12)  Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA)
Support.  The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may disclose to a consumer
reporting agency information regarding a claim by the Department which is determined to be valid and
overdue as follows: (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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these
disclosures may be made is defined at 31 U.S.C. 3701(a)(3).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in hard copy, filed in standard filing cabinets; on access-
controlled personal computers; and on removable personal computer diskettes that are stored in
filing cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Hardcopy files are retrieved by individual names and educational institutions.  Electronic
files are accessed using an individual's Social Security number, or other nine digit identification
number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site, and the sites of Department contractors 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.
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Hardcopy records are maintained for five years and then destroyed.  Data stored
electronically is maintained until the need for longitudinal data to demonstrate program
effectiveness is no longer needed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, International Education and Graduate Programs Service, Office of Postsecondary
Education, U.S. Department of Education, 400 Maryland Avenue, SW., Room 600, Portals Building,
Washington, DC  20202-5247.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
provide the system manager with your name, date of birth and Social Security number.  Your request
must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record regarding you in the system of records, provide the
system manager with your name, date of birth, and Social Security number.  Your request must meet
the requirements of the regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record, contact the system manager.  Your request
must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained principally from individual applicants, references, and schools
attended by the applicant.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-12-04" toc="yes">
<systemNumber>18-12-04</systemNumber>
<subsection type="systemName">Title VI International Research and Studies Program (IRS) (18-12-04).
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>Unclassified.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>International Foreign Language Education (IFLE), Office of Postsecondary Education, U.S. Department of Education 400 Maryland Ave., SW., Washington, DC 20202.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Senior Director, IFLE, Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p> The Higher Education Act of 1965, as amended, part A, title VI, section 605(a).</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The IRS awards discretionary grants to institutions, organizations, and individuals to conduct research, surveys, studies, and to develop instructional materials, including foreign language materials, to improve and strengthen instruction in modern foreign languages, study areas, and other international fields within the U.S. educational system.  The information contained in this system of records is used for the following purposes: (1) to determine the qualifications and eligibility of the project directors and competitiveness of and need for the projects and to award benefits; (2) to monitor the progress of the projects, including their accomplishments; and (3) to demonstrate the program’s effectiveness.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system contains records on individual project directors who have applied to be or who have been selected to be recipients of IRS awards.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The IRS system consists of a variety of records relating to an individual’s application(s) for, and participation in, the IRS.  In addition to the individual’s name, the system contains the participant’s address, telephone number, educational institution, citizenship, Social Security number, institutional or individual Data Universal Numbering System (DUNS) number, educational and employment background, salary, research or instructional materials, project description, project costs, field reader comments, award documents, and final project reports.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information is obtained from the individuals and institutions on approved application forms, from field readers, and from other individuals or entities from which data is obtained under routine uses set forth below.</p>
</xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.  These disclosures may be made on a case-by-case basis, or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement.</p>
<p>(1)  Field Reader Disclosure.  The Department may disclose information to field readers (also referred to as peer reviewers) in order to determine the qualification and eligibility of the project director and the competitiveness of and need for the project, and to award benefits.</p>
<p>(2)  Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant information 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.</p>
<p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
<p>(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 certain records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
<p>(i)  The Department or any of its components.</p>
<p>(ii)  Any Department employee in his or her official capacity.</p>
<p>(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.</p>
<p>(iv)  Any Department employee in his or her individual capacity where the Department requests representation for or has agreed to represent the employee.</p>
<p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
<p>(b)  Disclosure to DOJ.  If the Department determines that disclosure of certain records to DOJ is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to DOJ.</p>
<p>(c)  Adjudicative Disclosure.  If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body before which the Department is authorized to appear, to a person, or to 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.</p>
<p>(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 litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
<p>(4)  Employment, Benefit, and Contracting Disclosure.</p>
<p>(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 security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.</p>
<p>(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.</p>
<p>(5)  Employee Grievance, Complaint, or Conduct Disclosure.  If a records is relevant and necessary to an employee grievance, complaint, or disciplinary action involving a present or former employee of the Department, the Department may disclose a record from this system of records in the course of investigation, fact-finding, or adjudication, to any party to the grievance, complaint or action; to the party’s counsel or representative; to a witness; or to a designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.</p>
<p>(6)  Labor Organization Disclosure.  The Department may disclose records from this system of records to an arbitrator to resolve disputes under a negotiated grievance process or to officials of a labor organization recognized under 5 U.S.C. chapter 71 when relevant and necessary to their duties of exclusive representation.</p>
<p>(7)  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.</p>
<p>(8)  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 programs covered by this system.</p>
<p>(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 shall require the contractor to agree to maintain safeguards to protect the security and confidentiality of the records in the system.</p>
<p>(10)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The researcher must agree to maintain safeguards to protect the security and confidentiality with respect to the disclosed records.</p>
<p>(11)  Congressional Member Disclosure.  The Department may disclose the records of an individual to a member of Congress or the member’s staff 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 the inquiry.</p>
<p>(12)  Disclosure to OMB for Credit Reform Act (CRA).  The Department may disclose records to OMB as necessary to fulfill CRA requirements in accordance with 2 U.S.C. 661b.</p>
<p>(13)  Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records 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 beach or to prevent, minimize, or remedy such harm.</p>
<p>(14)  Disclosure in Assisting Another Agency in Responding to a Breach of Data.  The Department may disclose 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:  (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.</p>
<p><b>Disclosure To Consumer Reporting Agencies:</b></p>
<p>Disclosures pursuant to 5 U.S.C. 522a(b)(12):  The Department may disclose to a consumer reporting agency information regarding a claim by the Department which is determined to be valid and overdue as follows:  (1) the name, address, 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 subsection 31 U.S.C. 3711(e).  A consumer reporting agency to which these disclosures may be made is defined at 31 U.S.C. 3701 (a)(3).</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Records are maintained electronically in a computer database and on a web-based portal maintained by the Department.</p>
</xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by individual’s grant number; however records are retrievable via all data elements in the system.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of in accordance with the National Archives and Records Administration’s General Records Schedule (GRS) 1.2 (Grant and Cooperative Agreement Records), Items 020 (DAA-GRS-2013-0008-0001) and 021 (DAA-GRS-2013-0008-0006).  Records of successful applications shall be destroyed 10 years after final action is taken on the applicable file, but longer retention is authorized if required for business use.  Records of unsuccessful applications shall be destroyed 3 years after final action is taken on the applicable file, but longer retention is authorized if required for business use.</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p> All physical access to the site where this system of records is maintained is controlled and monitored by security personnel who check each individual entering the building.  The computer system 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.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>If you wish to request access to your records, you must contact the system manager at the address listed under SYSTEM MANAGER(S).  You must provide necessary particulars, such as your full name, date of birth, Social Security number, 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, 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.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If you wish to contest the content of a record regarding you in the system of records, you must contact the system manager at the address listed under SYSTEM MANAGER(S). Your request must meet the requirements of the regulations in 34 CFR 5b.7.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>If you wish to inquire whether a record exists regarding you in this system, you must contact the system manager at the address listed under SYSTEM MANAGER(S).  You must provide necessary particulars, such as your name, date of birth, Social Security number, 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, 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.</p>
</xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>None.</p>
</xhtmlContent></subsection>
<subsection type="history"><xhtmlContent>
<p>The System of Records entitled "Title VI International Research and Studies Program (IRS)" (18-12-04) was last published in the Federal Register on June 4, 1999 (64 FR 30179).</p>
</xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-12-05" toc="yes">
<systemNumber>18-12-05</systemNumber>
<subsection type="systemName">Graduate Assistance in Areas of National Need (GAANN) Program Assessment System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>U.S. Department of Education, Office of Postsecondary Education, Program Monitoring and
Information Technology Service, 1990 K St., NW, Washington, DC 20006.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on individuals who apply for fellowships and receive admission
to a GAANN project.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains information including the individual's name, Social Security number,
gender, ethnicity, field of study, source of student's GAANN Fellowship, amount of stipend per year
of student's GAANN Fellowship, amount of institutional contribution to tuition per year of student's
GAANN Fellowship, amount of support the student received after the GAANN Fellowship, year and term
the student entered institution's graduate program, current education status, current employment
status, how the fellow's financial need was determined, whether Title IV financial need analysis was
used, whether amount of student's financial need is known, cost of education, and financial need.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>20 U.S.C. 1135C (1993).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is used to provide performance data about the GAANN Fellowship Program for the
Department's use in responding to the requirements of the GPRA. In addition, information obtained
from the system of records may also be used for the general purpose of administering the GAANN
Fellowship Program.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i) The Department, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosure pursuant to 5 U.S.C. 552 (a)(b)(12).The Department may disclose to a consumer
reporting agency information regarding any Federal claim which is determined to be valid and overdue
as follows: (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) after completing the
procedures contained in subsection 31 U.S.C. 3711(f). A consumer reporting agency to which these
disclosures may be made is defined at 31 U.S.C. 3701(a)(3).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information in this system is maintained in an electronic centralized database on a computer
server. Information extracted from the system will be maintained on access-controlled personal
computers and in physical file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system can be retrieved by name and Social Security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records on successful applications are destroyed five years after final payment from the
Department to the institution, or after completion of audit-related activities or litigation,
whichever is later.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Program Monitoring and Information Technology Service, Office of Postsecondary
Education, U.S. Department of Education, 1990 K St., NW, Washington, DC 20006.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
you should provide the system manager with your name, Social Security number or nine-digit
identification number. Your request must meet the requirement of the Department's Privacy Act
regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system of records, you should contact the
system manager and provide information as described in the Notification Procedures. Requests for
access to a record should reasonably specify the particular record content being sought. Your
request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest information contained in a record in this system of records, you
should contact the system manager. Your request may be made either in writing or in person, and
should specify: (1) The system of records from which the record is to be retrieved; (2) the
particular record you are seeking to amend; (3) whether you are seeking a deletion, an addition, or
a substitution; and (4) the reason(s) for the requested change(s). You should include any
appropriate documentation supporting the requested change(s). Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR 5b.7, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in this system is obtained from the institutions the fellows attend.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.</p></xhtmlContent></subsection></section>
<section id="ed18-12-06" toc="yes">
<systemNumber>18-12-06</systemNumber>
<subsection type="systemName">Teacher Quality Recruitment Scholarship System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Teacher Quality Enhancement Grants Program, Office of Policy, Planning, and Innovation,
Office of Postsecondary Education, U.S. Department of Education, 1990 K Street, NW., room 6151,
Washington, DC 20006-8525.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on individuals who have been awarded scholarships with funds
provided under Title II of the Higher Education Act by States or partnerships to prepare to become
kindergarten through twelfth-grade teachers.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of information about scholarship recipients, including the amount and
period of their scholarships and the institution that awarded them; information about former
recipients, including data about the amount and percentage of time the teacher spends teaching;
information about the awarding entity; information about the terms of the scholarship; the amount of
the scholarship and information about the employing school and the school district, including a
certification by the employing school or school district that it meets the regulatory definition of
high-need.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title II, sec. 204(e) of the Higher Education Act of 1965, as amended by the 1998 Higher
Education Amendments, and 31 U.S.C. Chapter 37.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system will be used to ensure that recipients of scholarships
provided with funds under Title II of the Higher Education Act who complete teacher education
programs subsequently (1) teach in a high-need school of a high-need local educational agency for a
period of time equivalent to the period for which the recipient received scholarship assistance; or
(2) repay the amount of the scholarship. The information, therefore, is a tracking mechanism that
will be used to carry out the statutory requirement found in Title II, Section 204(e). In addition
the system information will be used to determine the success of the Teacher Recruitment component of
the Teacher Quality Enhancement Grant Programs in preparing new teachers for employment in high-need
schools and school districts.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Disclosure for Use by Other Law Enforcement Agencies. The Department may disclose information
to any Federal, State, local, or foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if
that information is relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
</p><p>(2) Enforcement Disclosure. In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties listed below 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(4) Employment, Benefit, and Contracting Disclosure.
</p><p>(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 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.
</p><p>(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.
</p><p>(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 present or former employee of the Department: complaint,
grievance, discipline or competence determination proceedings. The disclosure may only be made
during the course of the proceeding.
</p><p>(6) Labor Organization Disclosure. A component of the Department may disclose records to a labor
organization if a contract between the component and a labor organization recognized under Title V
of the United States Code, Chapter 71, provides that the Department will disclose personal records
relevant to the organization's mission. The disclosures will be made only as authorized by law.
</p><p>(7) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(8) Disclosure to the Department of Justice (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.
</p><p>(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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(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.
</p><p>(12) Disclosure to the Office of Management and Budget (OMB) for Credit Reform Act (CRA) Support.
The Department may disclose records to OMB as necessary to fulfill CRA requirements.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may disclose to a consumer
reporting agency information regarding a claim by the Department which is determined to be valid and
overdue as follows: (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 subsection 31 U.S.C. 3711(e). A consumer reporting agency to which these
disclosures may be made is defined at 31 U.S.C. 3701(a)(3).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in hard copy, filed in standard filing cabinets; on access
controlled personal computers; and on personal computer diskettes that are stored in filing
cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Hardcopy files are retrieved by individual names, institutions of higher education and
employing school districts. Electronic files may be accessed by using an individual's social
security number, individual's name, name of institution of higher education, or name of employing
school district.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the program location where this system of records is maintained is
controlled and monitored by security personnel. The computers used by program staff to store any
system data offer a high degree of resistance to tampering and circumvention. This security system
limits data access to program staff and any contract staff that may be hired in the future. The
system is available on a "need to know"  basis. Controls are in place on individual's ability to
access and alter records within the system. All users of this system are given unique user IDs with
personal identifiers. All interactions by individual users with the system are recorded.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Disposition: Destroy five years after audit or ED's determination either that the
scholarship recipient fulfills the service obligation or the indebtedness has been repaid or
forgiven, whichever is later. (ED/RDS, Part 10, Item 3a)
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Teacher Quality Enhancement Grant Programs, Office of Postsecondary Education,
1990 K Street, NW., room 6150, Washington, DC 20006-8525.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine if you have a record in this system, provide the system manager
with your name, date of birth, and social security number. Your request must meet the regulatory
requirements of 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in this system, provide the system manager with
your name, date of birth, and social security number. Your request must meet the regulatory
requirements of 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record, contact the system manager. Your request
must meet the regulatory requirements of 34 CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from individual scholarship recipients, institutions of higher
education attended by the recipients, and school districts that have employed the recipients.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-12-07" toc="yes">
<systemNumber>18-12-07</systemNumber>
<subsection type="systemName">TRIO Programs Annual Performance Report (APR) System (TRIO APR).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Federal TRIO Programs, Office of Postsecondary Education, U.S. Department of Education,
1990 Street, NW., suite 7000, Washington, DC 20006-8510.
</p><p>(2) Computer Business Methods, Inc. (CBMI), 2750 Prosperity Avenue, suite 100, Fairfax, VA 22031
-4312. CBMI annually collects records from grantees, prepares databases of records by program,
and transfers the data to the analysis contractor.
</p><p>(3) National Opinion Research Center (NORC) at the University of Chicago, 1155 East 60th Street,
Chicago, IL 60637-2745. NORC maintains the system of records for data analysis.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The TRIO APR system contains records on participants served by the following Federal TRIO
Programs: Upward Bound (which includes regular Upward Bound, Upward Bound Math-Science, and Veterans
Upward Bound); Student Support Services; and the Ronald E. McNair Postbaccalaureate Achievement
programs. Although the TRIO APR system contains some information about institutions, agencies, and
organizations that receive grants under these programs, this system of records notice pertains only
to individuals protected under the Privacy Act of 1974, as amended.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The TRIO APR system contains records regarding: (1) Participant identifier information
including SSN, name, and date of birth; (2) participant eligibility for services and demographic
information such as gender, race, ethnicity, and secondary or postsecondary school attended; and (3)
academic information such as grade level, grade point average, and high school (postsecondary or
graduate school) graduation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title IV, Part A, Subpart 2 of the Higher Education Act of 1965, as amended (20 U.S.C. 1070
<i>et seq.</i>) and the Government Performance and Results Act of 1993 (Pub. L. 103-62).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the following
purposes:
</p><p>(1) To monitor each funded project's compliance with the program requirements;
</p><p>(2) To assess the progress of each funded project (grantee) in meeting its goals and objectives
and to award "prior experience" points for meeting approved objectives;
</p><p>(3) To determine program outcomes and areas for program improvement in response to the
requirements of the Government Performance and Results Act of 1993 (GPRA) and the OMB's Program
Assessment Rating Tool (PART) process; and
</p><p>(4) To produce program and grantee-level data for annual reporting and program profile reports.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record 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 Computer Matching and
Privacy Protection Act of 1988, as amended, under a computer matching agreement.
</p><p>(1) <i>Program Disclosures</i>. The Department may disclose records to an institution of higher
education, agency, or organization responsible for entering the information into the TRIO APR system
in order to obtain clarification or additional information about the data submitted.
</p><p>(2) <i>Contract Disclosure</i>. If the Department contracts with an entity to perform any
function that requires disclosing records to the contractor's employees, the Department may disclose
the records to those employees. Before entering into such a contract, the Department shall require
the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to
the records in the system.
</p><p>(3) <i>Research Disclosure</i>. The Department may disclose records from this system 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 and purposes of this system of records. The official may disclose information
from this system of records to that researcher solely for the purpose of carrying out research
related to the functions or purposes of this system of records. The researcher will be required to
maintain Privacy Act safeguards with respect to the disclosed records.
</p><p>(4) <i>Disclosure for Use by Other Law Enforcement Agencies</i>. The Department may disclose
information to any Federal, State, local, or foreign agency, or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutorial responsibility within the receiving entity's jurisdiction.
</p><p>(5) <i>Enforcement Disclosure</i>. 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 statutory, regulatory, or legally binding requirement, 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.
</p><p>(6) <i>Litigation and Alternative Dispute Resolution (ADR) Disclosure</i>.
</p><p>(a) <i>Introduction</i>. In the event that one of the parties listed below 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:
</p><p>(i) The Department or any of its components.
</p><p>(ii) Any Department employee in his or her official capacity.
</p><p>(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.
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee.
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) <i>Disclosure to DOJ</i>. If the Department determines that disclosure of certain records to
DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a
routine use to DOJ.
</p><p>(c) <i>Adjudicative Disclosure</i>. If the Department determines that it is relevant and
necessary to the litigation or ADR to disclose certain records to an adjudicative body before which
the Department is authorized to appear, to an individual, or to 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, individual, or entity.
</p><p>(d) <i>Disclosure to Parties, Counsel, Representatives, or Witnesses</i>. If the Department
determines that disclosure of certain 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.
</p><p>(7) <i>Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure</i>. The Department
may disclose records to DOJ or the OMB 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.
</p><p>(8) <i>Congressional Member Disclosure.</i> The Department may disclose the records of an
individual to a member of Congress or the member's staff 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 the inquiry.
</p><p>(9) <i>Disclosure in the Course of Responding to Breach of Data</i>. The Department may disclose
records to appropriate agencies, entities, and persons when (a) the Department suspects or confirms
that the security or confidentiality of information in the TRIO APR system has been compromised; (b)
the Department has determined that as a result of the suspected or confirmed compromise, there is a
risk of harm to economic or property interests, identity theft or fraud, or harm to the security or
integrity of the TRIO APR system or other systems or programs (whether maintained by the Department
or by another agency or entity) that rely upon the compromised information; 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 compromise and to prevent,
minimize, or remedy such harm.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department's data collection contractor, CBMI, annually collects records from grantees
via a secure Web site and prepares databases of the records by program. CBMI transfers the data via
a secure File Transfer Protocol site to NORC that maintains the system of records and is responsible
for analyzing the data. Archival and analysis copies of the databases are maintained on NORC's
secure servers and in other electronic storage media. The data are submitted electronically and
stored electronically; paper records of the individual student data are not collected.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records are indexed by the grant number(s) assigned to each project. The following data
elements are used for matching participant records with prior year's data and with other data
sources: SSN, first and last name, and date of birth. Electronic files on participants can be
accessed through these data elements.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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 contractors where the data is collected and
this system of records maintained is controlled and monitored by security personnel who check each
individual entering the buildings for his or her employee or visitor badge.
</p><p>The computer systems employed by the Department and by the Department's contractors offer a high
degree of resistance to tampering and circumvention. The data reside in secured facilities on
secured servers behind a Department-approved firewall system that continuously monitors for
intrusion and unauthorized access. Access to the data is permitted only for contractor staff who
support the data collection or data analysis and a small number of Department staff who have a need
for the data to perform their responsibilities. Contractor staff have appropriate security
clearances and also sign confidentiality and non-disclosure agreements to protect against
unauthorized disclosure of confidential information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The retention and disposal of records associated with the TRIO APR system is currently
unscheduled pending National Archives and Records Administration (NARA) approval of a records
retention schedule. Until a NARA-approved records schedule is in effect, no records will be
destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Team Leader, Program Management and Development, Federal TRIO Programs, Office of
Postsecondary Education, U.S. Department of Education, 1990 K Street, NW., room 7059, Washington, DC
20006-8510.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager at the address listed under, <i>System Manager and Address</i>. Requests should contain your
full name, address, and telephone number. Your request must meet the requirements of the regulations
in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information maintained in this system of records is obtained from institutions of higher
education and non-profit agencies and organizations that are recipient of grants under one or more
of the following Federal TRIO programs: Upward Bound (including Upward Bound Math-Science and
Veterans Upward Bound), Student Support Services, and Ronald E. McNair Postbaccalaureate
Achievement. The system of records will also include information obtained from data matching with
the Federal Student Aid Application File and the Recipient Financial Management System.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-12-08" toc="yes">
<systemNumber>18-12-08</systemNumber>

<subsection type="systemName">Erma Byrd Scholarship Program (EBSP).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Postsecondary Education, U.S. Department of Education, 1990 K Street, NW., 6th
Floor, Washington, DC 20006-8510.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on students who apply for EBSP scholarships to pursue a course
of study that will lead to a career in industrial health and safety occupations, including mine
safety. To be eligible for EBSP scholarships, applicants must be United States citizens, nationals,
or permanent residents who are enrolled or planning to enroll in an accredited institution of higher
education in a degree program that will prepare them for a career in industrial health and safety
occupations, including mine safety. Individuals must be enrolled or planning to enroll in an
associate's degree program, or be within two years of completing a degree at the bachelor's or
graduate level.
</p><p>In selecting undergraduate applicants to receive an EBSP scholarship, the Department will give
priority first to students who are eligible to receive a Federal Pell Grant. The Federal Pell Grant
Program provides need-based grants to low-income undergraduate and certain postbaccalaureate
students to promote access to postsecondary education. In addition, the Department will evaluate
eligibility for the EBSP scholarships based on an applicant's course of study.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The EBSP system contains a variety of information relating to a student's application for,
and participation in, the EBSP. Information on an applicant in the system includes the student's
name, the student's Social Security number, the student's address, the student's phone number, the
student's e-mail address, the student's course of study, and the name of the institution of higher
education in which the student is enrolled or intends to enroll. The Department is collecting the
student's Social Security number in order to verify the Federal Pell Grant eligibility of EBSP
undergraduate applicants through the U.S. Department of Education's National Student Loan Data
System. If the applicant receives an EBSP scholarship, the system also includes information about
the amount and period of the student's scholarship, the student's agreement to the terms of the
scholarship, verification of the institution's agreement to disburse the scholarship, and
verification of the student's employment in a career related to industrial health and safety
occupations, including mine safety, for a period of at least one year, beginning no more than six
months after completion of the degree. The Department is also collecting the student's Social
Security number in order to facilitate conversion of the scholarship into a Federal Direct Loan
should the recipient fail to comply with the terms and conditions of the scholarship.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Division F, Title III of the Omnibus Appropriations Act, 2009 (Pub. L. 111-8) and the
Government Performance Results Act of 1993 (Pub. L. 103-62).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The Department is establishing this system of records for the following purposes:
</p><p>(1) To determine the qualifications and eligibility of EBSP scholarship applicants, including the
determination of Pell eligibility (for undergraduates).
</p><p>(2) To ensure compliance with program requirements.
</p><p>(3) To demonstrate program effectiveness.
</p><p>(4) To ensure that an EBSP scholarship recipient fulfills the service obligation associated with
this program by obtaining employment in a career related to industrial health and safety
occupations, including mine safety, for at least one year after completion of the degree.
</p><p>(5) To ensure the repayment of the amount of the scholarship if the student is not employed in a
career related to industrial healthy and safety occupations, including mine safety, for at least one
year after completion of the degree.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record 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 Computer Matching and
Privacy Protection Act of 1988, as amended, under a computer matching agreement.
</p><p>(1) <i>Program Disclosures.</i> The Department may disclose records to an institution of higher
education to verify that the scholarship recipient is enrolled in an eligible program at that
institution and to facilitate the disbursement of scholarship funds under this program. In addition,
the Department may disclose records to the scholarship recipient's employer to verify that the
scholarship recipient is employed in a career position related to industrial health and safety,
including mine safety, for at least one year after completion of the degree.
</p><p>(2) <i>Disclosure for Use by Other Law Enforcement Agencies.</i> The Department may disclose
information to any Federal, State, local, or foreign agency, or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutorial responsibility within the receiving entity's jurisdiction.
</p><p>(3) <i>Enforcement Disclosure.</i> 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 statutory, regulatory, or legally binding requirement, 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.
</p><p>(4) <i>Litigation and Alternative Dispute Resolution (ADR) Disclosure.</i>
</p><p>(a) <i>Introduction.</i> In the event that one of the parties listed below 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:
</p><p>(i) The Department or any of its components.
</p><p>(ii) Any Department employee in his or her official capacity.
</p><p>(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.
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee.
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) <i>Disclosure to DOJ.</i> If the Department determines that disclosure of certain records to
DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a
routine use to DOJ.
</p><p>(c) <i>Adjudicative Disclosure.</i> If the Department determines that it is relevant and
necessary to the litigation or ADR to disclose certain records to an adjudicative body before which
the Department is authorized to appear, to an individual, or to 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, individual, or entity.
</p><p>(d) <i>Disclosure to Parties, Counsel, Representatives, or Witnesses.</i> If the Department
determines that disclosure of certain 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.
</p><p>(5) <i>Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.</i> The Department
may disclose records to DOJ or OMB 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.
</p><p>(6) <i>Contract Disclosure.</i> If the Department contracts with an entity to perform any
function that requires disclosing records to the contractor's employees, the Department may disclose
the records to those employees. Before entering into such a contract, the Department shall require
the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to
the records in the system.
</p><p>(7) <i>Congressional Member Disclosure.</i> The Department may disclose the records of an
individual to a member of Congress or the member's staff 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 the inquiry.
</p><p>(8) <i>Disclosure in the Course of Responding to Breach of Data.</i> The Department may disclose
records to appropriate agencies, entities, and persons when: (a) The Department suspects or has
confirmed that the security or confidentiality of information in the EBSP system has been
compromised; (b) the Department has determined that as a result of the suspected or confirmed
compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or
harm to the security or integrity of the EBSP system or other systems or programs (whether
maintained by the Department or by another agency or entity) that rely upon the compromised
information; 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 compromise and prevent, minimize, or remedy such harm.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may disclose to a consumer
reporting agency information regarding a claim by the Department which is determined to be valid and
overdue as follows: (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 the preceding sentence in accordance with 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).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The hard copy records will be stored in locked filing cabinets, and the electronic copy
records will be maintained in a database on the Department's secure servers and in other electronic
storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved using an individual's name, Social Security number, or institution of
higher education in which the applicant is enrolled.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the records is limited to authorized personnel only. All physical access to the
Department's site where the data is collected and this system of records is maintained is controlled
and monitored by security personnel who check each individual entering the buildings for his or her
employee or visitor badge.
</p><p>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 an individual user's ability to access and alter
records within the system. All users of this system of records are given a unique user
identification. The Department's Privacy Policy requires the enforcement of a complex password
policy. In addition, users are required to change their passwords at least every 60 to 90 days in
accordance with the Department's information technology standards.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In accordance with the Department's Records Disposition Schedules, part 10, Item 3a, records
will be destroyed five years after final payment to grantee, or after audit, whichever is sooner.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Lauren Kennedy, Erma Byrd Scholarship Program Office, Office of Postsecondary Education,
U.S. Department of Education, 1990 K Street, NW., 6th Floor, Washington, DC 20006-8510.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager at the address listed under <b>SYSTEM MANAGER AND ADDRESS</b>. Requests should
contain your full name, address, and telephone number. Your request must meet the requirements of
the regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information maintained in this system of records is obtained from applicants, institutions
of higher education, and employers of scholarship recipients. In addition, information from the U.S.
Department of Education's National Student Loan Data System will be used to verify information
maintained in this system of records.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
   
    <section id="ed18-13-01" toc="yes">
        <systemNumber>18-13-01</systemNumber>
        <subsection type="systemName">
            <p> National Center for Education Statistics (NCES) Longitudinal, Cross-sectional, and International Studies (18-13-01).</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p> Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p> National Center for Education Statistics (NCES), Institute of Education Sciences (IES), U.S. Department of Education (Department or ED), Potomac Center Plaza (PCP), 550 12th Street SW, 4th floor, Washington, DC 20202-4160.  See the Appendix at the end of this system notice for additional system locations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> Commissioner, National Center for Education Statistics, Institute of Education Sciences, U.S. Department of Education, PCP, 550 12th Street SW, 4th floor, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> The data collections being administered and their maintenance are authorized under the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9541-9547 and 9571-9576).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p> This system is used to fulfill NCES’s legislative mandate to collect, report, analyze, and disseminate statistical data on the condition and progress of education in the United States and other nations at the early childhood, preschool, elementary, secondary, postsecondary, and adult levels.  NCES must collect, analyze, and report on such data in a manner that is objective, secular, neutral, and non-ideological; free of political influence and bias; and relevant and useful to practitioners, researchers, policymakers, and the public.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> This system maintains records about individuals randomly selected from their respective populations of particular subgroups of children and adults (pre-Kindergarten children, Kindergarten through graduate school students, parents or legal guardians, teachers, administrators, service providers, and general population adults) who voluntarily agree to participate (with implicit or explicit parental or legal guardian consent to participate for minors, depending on school or school district requirements and on the Department’s Protection of Human Subjects regulations (34 CFR Part 97)) in one of the NCES studies categorized below (with example studies provided for each category):</p>
                1.	<p>1. National household studies [e.g., National Household Education Survey (NHES) including the current Early Childhood Education/Program Participation (ECPP) and Parent and Family Involvement in Education (PFI), and with past PFI-Enrolled and PFI-Homeschooled modules, the Adult Training and Education Survey (ATES) studies, and the past Adult Education (AE), Adult Education for Work-Related Reasons (AEWR), Adult Education and Lifelong Learning (AELL), Before- and After-School Programs and Activities (ASPA), School Readiness (SR), Civic Engagement (CE), School Safety and Discipline (SS&amp;D), and Household and Library Use (HHL)];</p>
                2.	<p>2. National and international K-12 school and staff studies [e.g., Schools and Staffing Survey (SASS) and its follow-ups Teacher Follow-Up Survey (TFS), Principal Follow-Up Survey (PFS), and Beginning Teacher Longitudinal Study (BTLS); redesigned SASS - National Teacher and Principal Surveys (NTPS); and studies not related to SASS, such as Teacher Compensation Survey (TCS), Teacher Pilot Study (TPS), School Survey of Crime and Safety (SSOCS), Teaching and Learning International Survey (TALIS) and its associated Video Studies, and ED School Climate Surveys (EDSCLS)];</p>
                3.	<p>3. National early childhood longitudinal studies [e.g., Early Childhood Longitudinal Study, Birth Cohort (ECLS-B); and Early Childhood Longitudinal Study, Kindergarten Class studies (ECLS-K)];</p>
                4.	<p>4. International K-12 assessments studies [e.g., International Early Learning Study (IELS); Progress in International Reading Literacy Study (PIRLS); Civic Education Study (CivEd); Program for International Student Assessment (PISA); Program for International Student Assessment (PISA) Young Adult Follow-up (YAF) Study; Trends in International Mathematics and Science Study (TIMSS) and its associated Video Studies; and International Computer and Information Literacy Study (ICILS)];</p>
                5.	<p>5. National middle grades longitudinal studies [e.g., Middle Grades Longitudinal Study (MGLS)];</p>
                6.	<p>6. National high school longitudinal studies [e.g., National Longitudinal Study of the High School Class of 1972 (NLS); National Education Longitudinal Study of 1988 (NELS); Education Longitudinal Study of 2002 (ELS); High School Longitudinal Study of 2009 (HSLS); and High School and Beyond Longitudinal studies (HS&amp;B)];</p>
                7.	<p>7. National postsecondary studies [e.g., Recent College Graduates (RCG); National Postsecondary Student Aid Study (NPSAS) and its follow-ups Beginning Postsecondary Students Longitudinal Study (BPS) and Baccalaureate and Beyond Longitudinal Study (B&amp;B); National Postsecondary Student Aid Study, Administrative Collection (NPSAS-AC); National Postsecondary Education Cooperative - Sample Surveys (NPEC-S); National Study of Postsecondary Faculty (NSOPF); and National Center for Education Research NCER-NPSAS Grant Studies];</p>
                8.	<p>8. National and international adult assessment studies [e.g., International Adult Literacy Survey (IALS); Adult Literacy and Lifeskills Survey (ALL); National Assessment of Adult Literacy (NAAL); and Program for the International Assessment of Adult Competencies (PIAAC)];</p>
                9.	<p>9. National quick response studies [e.g., the School Pulse Panel study and the Quick Response Information System (QRIS) made up of pre-postsecondary Fast Response Survey System (FRSS) and Postsecondary Education Quick Information System (PEQIS)]; and</p>
                10.	<p>10. NCES national and international developmental studies [e.g., cognitive interviews, focus groups, feasibility studies, usability tests, pilot tests, web tests, etc., utilized to develop new or to improve current data collection methodologies and instruments for particular existing or multiple current and future data collection programs].</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> This system consists of responses from students, their parents or legal guardians, teachers, administrators, service providers, and other adults to data collection instruments including information such as background and demographic data, functional measures (reports of children’s functioning in cognitive, social, emotional, and physical domains), family characteristics, education and/or employment experiences, finances, aspirations, plans, and attitudes.  Cognitive assessment scores, administrative and financial aid records, and high school and college transcripts are also appended to the records.  The appended administrative records contain data such as attendance, program participation, and other information.</p>
                <p> The records for service providers, schools/institutions, and local educational agencies contain information on numbers and characteristics of students, teaching staff, and administrators; data on facilities, programs, services, and finances; and information related to student enrollment, persistence, completion, and performance.  The records related to teachers and administrators contain, in addition to the above, data on certifications, training, experience, staff evaluations, salary, benefits, and attitudes and opinions related to various aspects of education and operations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> Information in the records comes from responses to survey and assessment instruments and from administrative records maintained by K-12 schools and school districts, postsecondary institutions and programs, the Department, and third-parties, including State and Federal agencies, as well as vendors, such as the National Student Clearinghouse. Information in this system also may be obtained from other persons or entities from which data is obtained under routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> 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.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of Section 183 of the ESRA (20 U.S.C. 9573) and its confidentiality standards that apply to all collection, reporting, and publication of data by NCES.  Any disclosure of personally identifiable information (PII) from students’ education records that was obtained from schools, school districts, postsecondary institutions and programs, and other covered sources must also comply with the requirements of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1417(c); 34 CFR 300.610-300.611, 300.613-300.623, and 300.625-300.627) and the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR part 99), which protect the privacy of student education records and the PII contained therein.</p>
                <p> (1) Contract or Interagency Agreement Disclosure.  When NCES contracts with a private firm, or enters into an agreement with another government agency or its contractor or both, for the purpose of collecting, collating, analyzing, aggregating, maintaining, appending, or otherwise refining records in this system, NCES may release relevant records to the NCES contractor or to the other government agency or its contractor, consistent with NCES’s authority for the for the collection of statistics at 20 U.S.C. 9544(b)(3)(A).  The NCES contractor or other government agency or its contractor must agree to safeguards to protect the security and confidentiality of the records disclosed from this system, consistent with Section 183 of the ESRA (20 U.S.C. 9573).</p>
                <p> (2) Research Disclosure.  Where NCES determines that an individual or organization is qualified to carry out specific research, NCES may disclose information from the system of records to that researcher solely for the purpose of carrying out that research.  NCES will only disclose directly personally identifiable respondent information to a researcher, upon the researcher’s direct request, when such disclosure is relevant to the research, as determined by NCES.  The researcher must agree to safeguards to protect the security and confidentiality of the records disclosed from this system, consistent with Section 183 of the ESRA (20 U.S.C. 9573).  Furthermore, the researcher must agree to a restricted-use data licensing agreement that (among other things) requires:  that the disclosed information be used only for statistical purposes; that the disclosed data cannot be redisclosed in identifiable form; that all work products that use the disclosed data must be submitted to NCES for disclosure review prior to sharing the work products with anyone not named in the data licensing agreement; and that NCES may periodically inspect the workspace approved in the restricted-use data licensing agreement.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Records are maintained in a database on NCES’s or its contractors’ or subcontractors’ secure servers and in other secure electronic storage media.  Directly personally identifiable respondent information, such as name and contact information, is stored separately from the rest of the data collected in this system.  Principal Project Officers, Senior Officials from the Principal Researchers’ institution or organization, and System Security Officers must execute IES Restricted-Use Data Security Plans (Security Plans) and follow the data access, storage, and security protocols set forth therein.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> Records in the location file are indexed by a unique number assigned to each individual, which can be cross-referenced when needed with the separately stored direct personal identifiers.  Records are retrieved by title of survey and the unique number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p> Contractors and subcontractors:  Access to the records is limited to authorized personnel who are briefed regarding confidentiality of the data, are required to sign a written statement attesting to their understanding of the significance of the confidentiality requirement and penalties for non-compliance, and have received Department approval to hold a Public Trust position.</p>
                <p> All physical access to the NCES, contractor, and subcontractor sites where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the buildings for his or her employee or visitor badge.</p>
                <p> The computer systems employed offer a high degree of resistance to tampering and circumvention.  Security systems limit data access to contract staff on a "need to know" basis, and control each individual user’s ability to access and alter records within the system.</p>
                <p> The NCES, contractor, and subcontractor employees who "maintain" (including collect, maintain, use, or disseminate) data in this system of records must comply with the requirements of the confidentiality standards under Section 183 of the ESRA (20 U.S.C. 9573).</p>
                <p> Researchers:  The Principal Project Officer(s) on a NCES-restricted-use data license and a Senior Official from the Principal Project Officer(s)’ institution or organization must sign a legally binding agreement that transfers the responsibilities and penalties under Section 183 of the ESRA (20 U.S.C. 9573) to the researcher(s) and their institution or organization for a fixed period of time.  The Principal Project Officer(s), Senior Official from the Principal Project Officer(s)’ institution or organization, and a System Security Officer all must sign a Security Plan that identifies the location where the data will be stored and processed, security arrangements, and authorized data users (if any) beyond the Principal Project Officer(s).  Researchers, including all authorized data users besides the Principal Project Officer(s) on each license, must complete training on the confidential nature of the data, and are each required to sign a notarized written statement attesting to their understanding of the significance of the confidentiality requirement and penalties for non-compliance.  At the end of the license period, the Principal Project Officer(s) must either return the data to NCES or destroy the data and complete and submit a witnessed certificate of destruction.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> If you wish to gain access to a record that exists regarding you in this system of records, contact the system manager at the address listed above.  You must provide necessary particulars such as the study in question, your name, current address, the date and place of your birth, 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 in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> If you wish to contest content of a record regarding you in this system of records, contact the system manager.  Your request must meet the requirements in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> 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 the study in question, your name, current address, the date and place of your birth, 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 in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> The system of records previously entitled "National Center for Education Statistics (NCES) Longitudinal and Cross-sectional Studies" (18-13-01) was last published in full in the Federal Register at 83 FR 56831 (November 14, 2018).</p>

                <p>
                    <b>Appendix to 18-13-01</b>
                </p>
                <p>Additional System Locations:</p>
                <p>•  ABT Associates, 4550 Montgomery Ave., Suite 800, North, Bethesda, MD 20815-3343.</p>
                <p>•  Activate Research, 1001 Connecticut Ave., NW, #515, Washington, DC 20036.</p>
                <p>•  American Institutes for Research (AIR), 1000 and 1025 Thomas Jefferson St., NW, Washington, DC 20007.</p>
                <p>•  Branch Associates, 1628 John F. Kennedy Blvd. #800, Philadelphia, PA 19103.</p>
                <p>•  Child Trends, 7315 Wisconsin Ave., #1200w, Bethesda, MD 20814.</p>
                <p>•  Coleridge Initiative, 4445 Willard Ave., Suite 600, Chevy Chase, MD 20815.</p>
                <p>•  Educational Testing Service (ETS), 660 Rosedale Rd., Princeton, NJ 08541.</p>
                <p>•  EurekaFacts, 51 Monroe St., Plaza East 10, Rockville, MD 20850.</p>
                <p>•  Fors Marsh Group, 1010 N Glebe Rd., #510, Arlington, VA 22201.</p>
                <p>•  Hager Sharp, 1030 15th St., NW, Suite 600E, Washington, DC 20005.</p>
                <p>•  Mathematica Policy Research, 1100 First St., #1200, NE, Washington, DC 20002.</p>
                <p>•  Medicare and Medicaid Resource Information Center (MedRIC), 500 Airport Blvd., Suite 365, Burlingame, CA 94010.</p>
                <p>•  National Opinion Research Center (NORC), 1155 E. 60th St., Chicago, IL 60637; 55 E. Monroe, Suite 3000, Chicago, IL 60603; 4350 East-West Hwy., 8th fl., Bethesda, MD 20814.</p>
                <p>•  Pearson Inc., 2510 N Dodge St., Iowa City, IA 52245.</p>
                <p>•  Research Support Services, 906 Ridge Ave., Evanston, IL 60202.</p>
                <p>•  RTI International, 3040 E. Cornwallis Rd., Research Triangle Park, NC 27709-2194.</p>
                <p>•  Sanametrix, 1120 20th St., South Tower, Suite 200, NW, Washington, DC 20036; 506 Wonderwood Dr., Charlotte, NC 28211; 24574 Spriggs Ct., Hollywood, MD 20636.</p>
                <p>•  Shugoll Research, 7475 Wisconsin Ave., #200, Bethesda, MD 20814; 1800 Diagonal Rd., #300, Alexandria, VA 22314.</p>
                <p>•  SRI International, 1100 Wilson Blvd., #2800, Arlington, VA 22209.</p>
                <p>•  Strategic Analytics Inc., 6503 Shipyard Pl., Falls Church, VA 22043.</p>
                <p>•  Synergy Enterprises, 8757 Georgia Ave., Silver Spring, MD 20910.</p>
                <p>•  U.S. Census Bureau, 4600 Silver Hill Rd., Suitland, MD 20746; 1201 E 10th St., Jeffersonville, IN 47190.</p>
                <p>•  WESTAT, 1600 Research Blvd., Rockville, MD 20850.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="ed18-13-02" toc="yes">
<systemNumber>18-13-02</systemNumber>
<subsection type="systemName">National Center for Education Statistics Affidavits of Nondisclosure.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>See the Appendix to this system notice.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains information on employees of the National Center for Education
Statistics (NCES) or other persons who assist NCES in the performance of its work, who have access
to any record, response form, completed survey or aggregation thereof from which information about
individual students, teachers, administrators, or other individual persons may be revealed, and who
have signed a pledge not to disclose such information.  Other persons who may assist NCES include
employees of companies, profit or nonprofit organizations, State agencies, local agencies or
instrumentalities having a contract, task order, interagency agreement, or some other formal
agreement with NCES and who have access to individually identifiable information.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains the following information:
</p><p>(1)  The affidavit of nondisclosure that includes the individual's name, place of work (company,
agency, etc.), signature, and date signed; and
</p><p>(2)  the name of the project or survey in which the entity employing the individual was involved.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 406(d)(4) of the General Education Provisions Act, as amended by Title III, Part A,
Section 3001, of Public Law 100-297, April 28, 1988 (20 U.S.C. 1221e-1(d)(4)).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is used for the following purposes:  (1) To maintain information
necessary for internal control and monitoring of those having access to individually identifiable
information; (2) to provide evidence in disciplinary actions or prosecution of individuals who
disclose individually identifiable information protected from disclosure under Section 406(d)(4) of
the General Education Provisions Act, as amended; and (3) to ensure that individuals utilized by the
Commissioner of NCES protect the individually identifiable data of NCES.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1)  Contractor Disclosure.  A record may be disclosed from this system of records to employees
of entities having a contract or other agreement with the Commissioner to assist in the collection
of data on behalf of NCES to ensure that these entities maintain an accurate file of individuals who
have access to individually identifiable information in performance of their duties under the
contract or other agreement.
</p><p>(2)  Enforcement Disclosure.  In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department in his or her individual capacity if the Department of Justice (DOJ) has
agreed to provide or arrange for representation for the employee; or
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(4)  Disclosure to the DOJ.  If the Department determines that disclosure of certain records to
the DOJ is relevant and necessary to litigation and ADR, the Department may disclose those records
as a routine use to the DOJ.
</p><p>(5)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(6)  Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(7)  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 present or former employee of the Department:
Complaint, grievance, discipline or competence determination proceedings. The disclosure may only be
made during the course of the proceeding.
</p><p>(8)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards under 5
U.S.C. 552a(m) with respect to such records.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information will be kept in file folders and on computer diskettes or computer tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records will be retrievable by name, date, and place of work of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records will be kept in locked files.  The computer tapes and diskettes will be
accessible by authorized personnel through identification number and password.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Each affidavit will be kept for 5 years after the individual access to NCES confidential
data has ceased and then will be transferred to the Federal Records Center, where it can remain up
to 15 years before it is destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief Statistician &amp; Individual Survey Project Officers, National Center for Education
Statistics, U.S. Department of Education, 555 New Jersey Avenue, NW., Washington, DC  20208-5574.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 and provide your name, place of work (i.e.
company, agency, etc.), and the dates of employment.  Your request must meet the requirements in the
regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to records regarding you in this system of records, contact the
system manager and provide your name, place of work (i.e. company, agency, etc.), and the dates of
employment.  Your request must meet the requirements in the regulations at 34 CFR 5b.5, including
proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you, contact the system manager.
Your request to amend a record must meet the requirements of 43 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in the records comes from individuals who have signed the affidavits of
nondisclosure.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p><p><b>Appendix to 18-13-02
</b></p><p><i>Additional System Locations
</i></p><p>National Center for Education Statistics, U.S. Department of Education, 555 New Jersey
Avenue, NW., Washington, DC  20202-5574.
</p><p>U.S. Bureau of the Census, Federal Office Building 3, Washington, DC  20233.
</p><p>WESTAT, 1650 Research Boulevard, Rockville, Maryland  20850.
</p><p>Research Triangle Institute, P.O. Box 12094, Research Triangle Park, North Carolina  27709.
</p><p>National Opinion Research Center, 1155 E. 60th Street, Chicago, Illinois  60637-2799.
</p><p>Educational Testing Service, 1825 Eye Street, NW, Suite 475, Washington, DC  20006.
</p><p>The Gallup Organization, One Church Street, Suite 900, Rockville, MD  20850.
</p><p>MPR Associates, 1995 University Avenue, Suite 225, Berkeley, CA  94704.
</p><p>Abt Associates, 55 Wheeler Street, Cambridge, MA  02138.
</p><p>Pelavin Research Institute, 1,000 Thomas Jefferson Street, Suite 400, Washington, DC  20007.
</p><p>Institute for Social Research, Survey Research Associates, University of Michigan, 426 Thompson,
Ann Arbor, MI  48106.
</p><p>School of Education, University of Michigan, 610 E. University, Ann Arbor, MI 48109.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-03" toc="yes">
<systemNumber>18-13-03</systemNumber>
<subsection type="systemName">National Center for Education Statistics' National Assessment of Educational Progress.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>WESTAT, 1650 Research Boulevard, Rockville, MD  20850.
</p><p>Educational Testing Service, Rosedale Road, Princeton, NJ  08541.
</p><p>National Computer Systems, 2510 N. Dodge Street, Iowa City, IA  52245.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains information on the following individuals: (1) Individuals who leave
school early as early graduates or as drop-outs (defined as 17-year-olds who are no longer in
school) and are covered during a six month data verification period; (2) young adults in the study
who are covered during a six month data verification period; and (3) individual schools which are
covered under the National Assessment of Educational Progress (NAEP) statute (20 U.S.C. 9010 (c)(2)
(A)).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records contain responses to assessment and survey instruments. The contents of these
instruments are of two types:  (1) Cognitive test items to assess the educational achievement of
students and young adults in various subject areas taught in school; and (2) questions about student
demographic and background variables as well as the characteristics of teachers and schools.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>20 U.S.C. 9010.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of the National Assessment of Educational Progress (NAEP), funded by the
Department of Education, is to provide information on the educational achievement of young Americans
over time.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>During a six-month verification period, individually identifiable information about individuals
who leave school early or are young adults is subject to the Privacy Act, and may be disclosed under
routine uses that are consistent with the Commissioner's authority under section 406(d)(4) of GEPA
(20 U.S.C. 1221e-1(d)(4)). The routine uses that apply to this period permit disclosures to
individuals who:
</p><p>(1)  Take the oath and sign an affidavit of nondisclosure required under 20 U.S.C. 9007;
</p><p>(2)  Work for a contractor, grantee, or party to a cooperative agreement or other entity that has
an agreement with the Commissioner to conduct research for National Center for Education Statistics
(NCES), or
</p><p>(3)  Work under a research contract, grant, or cooperative agreement with a Federal, State, or
local agency that requires the use of individually identifiable information, and the research is
compatible with the purpose for which NCES collected the data, or
</p><p>(4)  Work under an agreement in writing to:
</p><p>(i)  Use the information for statistical purposes only,
</p><p>(ii)  Maintain the data in accordance with applicable Federal laws,
</p><p>(iii)  Prohibit redisclosure in identifiable form, and
</p><p>(iv)  Permit NCES' periodic inspection to determine adherence to the contract or agreement.
</p><p>Regarding the records of individual schools, which, under 20 U.S.C. 9010(c)(2)(A), must be
treated as individuals subject to the Privacy Act, NCES may make routine use disclosures, consistent
with the statistical purposes for which a record was supplied, as follows:
</p><p>(1)  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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(2)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records.  The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(3)  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.
</p><p>(4)  Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(5)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below is involved in litigation
or ADR, or has an interest in litigation ADR, ED 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c)  Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d)  Parties, counsels, representatives and witnesses.  If ED determines that disclosure of
certain records to a party, counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose those records as a routine use
to the party, counsel, representative or witness.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained on magnetic tape and computer disk media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by assessment year, subject area, age or grade at the school or
individual respondent level.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the restricted-use data files and completed test booklets and forms is severely
limited to key contractor and NCES staff. User access to the restricted-use data files has three
levels of data access protection. Access to the files is restricted to authorized NAEP staff who
have a valid need for immediate access to NAEP data.  This access is controlled and monitored by the
use of secure "log-on"  identification and password protection schemes.  Access to individual
restricted-use data files is controlled by an access control facility that restricts users to only
those files that are necessary and approved for their perusal. In addition, the restricted-use data
files are backed-up to an off-site secure location that will protect NAEP data in the event of a
computer center disaster. This off-site storage is in a secure vault that is physically protected
from unauthorized entry. The open-ended responses are stored in a secure warehouse with access
limited to NAEP project staff.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The NAEP restricted-use data files are stored in a secure computer facility. The security
mechanism includes physical security, data security, and disaster recovery capability. The computer
facility is housed within a fire-resistant masonry and steel door structure. Physical access to the
facility is electronically controlled through magnetically imprinted identification badges and is
limited to authorized staff who have functional responsibilities within the secured areas. Open-
ended responses are kept indefinitely. However, data that could be used to identify individuals are
destroyed six months after collection.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Educational Assessment Division, National Center for Education
Statistics, Office of Educational Research and Improvement, U.S. Department of Education, 555 New
Jersey Avenue, NW., Room 308C, Washington, DC  20208-5653.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record regarding you exists in this system of records,
you should contact the system manager at the address listed above and provide your name, date of
birth and social security number. Your requests must meet the requirements of the regulations at 34
CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record in this system of records, you should contact the
system manager and provide the information described in the Notification Procedures.  Your request
must meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest information contained in this system of records, you should contact
the system manager.  You should specify the particular record you are seeking to amend, whether a
deletion, an addition, or a substitution is being sought and the reason(s) for the requested
change(s).  Your request should meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system comes from the data collected from the subject individuals
and individual schools.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-06" toc="yes">
<systemNumber>18-13-06</systemNumber>
<subsection type="systemName">What Works Clearinghouse (WWC) Database.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Aspen Systems Corporation, 2277 Research Boulevard, Rockville, MD 20850.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This web-based system will maintain a national registry of educational interventions--
educational programs, products, and practices that are claimed to enhance important student
outcomes. In particular, the WWC will assess and report on the strength of research-based evidence
of the effectiveness of these educational programs.
</p><p>There are two categories of individuals covered by the system. First, the WWC will be collecting
identifying information from members of the public if the public voluntarily and anonymously
suggests studies, interventions, and topics for WWC review, and provides optional contact
information. The WWC will also collect information from the public if an individual voluntarily
subscribes to receive e-mail updates about new information on the WWC Web site.
</p><p>Second, evaluators--individuals and organizations--may use the Web site to voluntarily submit
contact information and information about their services and experience in evaluating educational
programs. The purpose of this information is to create a public listing to assist people in
identifying those evaluators who are potentially qualified to conduct rigorous studies of the
effectiveness of education programs.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>For members of the public who suggest a study, intervention, or topic for WWC review, and
choose to provide contact information, the form will include name, title, organization, mailing
address, e-mail address, phone number, URL and comments. The individual will be able to choose
whether or not to submit any contact information at all, provide just a contact name and e-mail
address, or give more detailed contact information, including title, organization, mailing address,
phone number, URL, or comments.
</p><p>For members of the public who voluntarily subscribe to receive e-mail updates from the WWC Web
site, an automated system will collect and retain the e-mail addresses of subscribers.
</p><p>Finally, evaluators may use the Web site to voluntarily submit contact information--name, work
mailing and e-mail addresses, phone number--together with information about their services and
experience, if they would like this information to be included in the public-access, web-based
registry of evaluators.
</p><p>This notice does not cover records, including but not limited to letters, e-mails, and
facsimiles, sent by individuals to the Secretary, Deputy Secretary, Senior Officers, such as the
Director of IES, for whom the Department controls responses to these inquiries. Further, this notice
does not cover the official correspondence files of IES, specifically the hard copies of official
documents and electronic images of certain incoming and outgoing documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Education Sciences Reform Act of 2002, Pub. L. 107-279 (2002), sections 172(a)(2) and
(3).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained to provide the WWC with the means to:
</p><p>1. Contact members of the public who suggest a study, intervention, or topic for review and who
choose voluntarily to provide optional contact information, if their suggestions need clarification.
</p><p>2. Send e-mail updates about new information on the WWC Web site to subscribers.
</p><p>3. Provide contact information for evaluators who wish to have their services, experience, and
contact information included in the public-access, web-based registry of evaluators.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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, under a computer matching agreement.
</p><p>1. Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the Department of Justice (DOJ) and OMB if the Department concludes that disclosure is desirable or
necessary in determining whether particular records are required to be disclosed under the FOIA.
</p><p>2. 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.
</p><p>3. 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. Before entering into a contract, the
Department shall require the contractor to maintain Privacy Act safeguards as required under 5
U.S.C. 552a(m) with respect to the records in the system.
</p><p>4. Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the parties described in (a)(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:
</p><p>(i) The Department, or any of its components; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her official capacity if the DOJ has agreed or been
requested to provide or arrange for representation for the employee; or
</p><p>(iv) Any Department employee in his or her individual capacity if the Department has agreed to
represent the employee; or
</p><p>(v) The United States if the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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, and is compatible with the purpose for which the
records were collected, the Department may disclose those records as a routine use to the DOJ.
</p><p>(c) Adjudicative disclosures. If the Department determines that disclosure of certain records to
an adjudicative body before which the Department is authorized to appear or to an individual 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, individual, or entity.
</p><p>(d) Parties, counsel, representatives and witnesses. If the Department determines that disclosure
of certain records to a party, counsel, representative or witness is relevant and necessary to the
litigation or ADR, the Department may disclose those records as a routine use to the party, counsel,
representative or witness.
</p><p>5. Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>6. Congressional Member Disclosure. The Department may disclose information 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.
</p><p>7. 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.
</p><p>Disclosures to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>The information in the tracking system will be stored on a server maintained by the WWC
subcontractor staff. Records generated by the system will be maintained electronically on the
server.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The public will have access to the searchable, web-based registry of evaluators, containing
information voluntarily submitted by evaluators about their services and experience, as well as
contact information, after the evaluators have signed a letter giving their written permission for
this information to be used in the registry.
</p><p>The data are retrieved by searching by record number, type of suggestion, study author, title,
reference type, publisher, topic, type of intervention, and organization.
</p><p>The data for the evaluator registry will be searchable on the WWC public-access Web site by
topic, type of research, geographic area, study title, intervention title, years of experience, and
contact information.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to this system will be restricted to authorized WWC contractors, subcontractors,
consultants, and ED employees on a need-to-know basis. Authorized users of this system will enter a
unique user ID as well as a password to enter the system. They will be required to change their
passwords periodically, and they will not be allowed to repeat old passwords. Any individual who
attempts to log in to the system three times and fails will be locked out of the system. Access
after that time requires intervention by the system manager.
</p><p>The computer system employed by the WWC offers a high degree of resistance to tampering and
circumvention. This security system limits data access to authorized WWC staff and controls
individual users' ability to access and alter records within the system.
</p><p>All file servers, routers/hubs, tape back-up stations, and communications servers are located in
secure rooms at the subcontractor's Headquarters site, and only authorized personnel have access via
key or magnetic card.
</p><p>All files will be password-protected and back-up files will be secured in a locked area. Access
to the data files and software on the WWC site are controlled through the Microsoft NT Server
operating system by providing all staff with user accounts (user IDs). All secure user accounts will
require passwords that must be changed every six months. Passwords for ongoing data processing will
be changed frequently, and users will be blocked from gaining access to certain types of data and
programs based on their IDs and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system will be retained in accordance with the National Archives and Records
Administration (NARA) General Records Schedule 20, Item 1.c which provides disposal authorization
for electronic files and hard-copy printouts created to monitor system usage. Records will be
deleted or destroyed when the agency determines they are no longer needed for administrative, legal,
audit, or other operational purposes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Contracting Officer's Representative (COR), What Works Clearinghouse, U.S. Department of
Education, Institute of Education Sciences, 555 New Jersey Avenue, NW., suite 504, Washington, DC
20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists about you in the system of records, provide
the system manager with your name or e-mail address. Your request for notification must also meet
the requirements of the regulations in 34 CFR 5b.5, including proof of identity. You may also
present your request in person or make your request in writing to the system manager at the above
address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request to access a record also must reasonably specify the record contents sought and
otherwise meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to change the content of a record in this system of records, you must contact
the system manager at the above address and follow the steps outlined in the NOTIFICATION PROCEDURE
section. Requests to amend a record must also reasonably identify the record, specify the
information being contested, provide in writing your reasons for requesting the change, and
otherwise meet the regulations in 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from members of the public and evaluators who
voluntarily provide information. The primary way for the public and evaluators to contact the WWC is
electronically through the WWC Web site, although they also could contact the WWC by telephone, by
mail, or in person.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-07" toc="yes">
<systemNumber>18-13-07</systemNumber>
<subsection type="systemName">DC Choice Program Evaluation.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Westat, 1650 Research Boulevard, Rockville, MD, 20850.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>There are two categories of individuals who are covered by this system. The system will
contain records on DC Choice Program applicants (students), their parents and other adults living
with these students. The system will also contain information on all DCPS non-applicant students
from K thru 12.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of the names, addresses, telephone numbers, social security numbers,
demographic information--such as race/ethnicity, age, marital status, disability, language
spoken in the home, educational background, and income--and the results of academic
assessments. The system will collect information about parents' satisfaction with their children's
current schools and the reasons for seeking a new school. The system will also collect scores on
academic achievement examinations for applicants who may not have participated in Spring, 2004 DCPS
testing. In addition, the system will also contain academic achievement data and other student
performance measures, including attendance and disciplinary records, from existing DCPS school
records for all students in grades K thru 12.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>DC School Choice Incentive Act of 2003, Pub. L. 108-199, Division C, Title III,
Section 309(a)(3) and (4).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This statute is intended to provide low-income parents residing in the District of Columbia
(the District) with expanded opportunities for enrolling their children in higher-performing private
schools in the District. The information in this system will be used to fulfill the requirements of
the DC School Choice Incentive Act of 2003 (D.C. Choice Act), especially section 309, which calls
for a detailed evaluation of the program. In particular, section 309 directs the Department to
evaluate the performance of students participating in the program by comparing them with the
students in the same grade at DCPS as well as students in DCPS who applied for the program but were
not selected.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>ED may disclose information contained in a record in this system of records under the
routine use listed in this system without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected. Any disclosure of individually
identifiable information from a record in this system must also comply with the requirements of: (A)
Section 183 of the Education Sciences Reform Act of 2002 (ESRA), Pub. L. 107-279, providing
for confidentiality standards that apply to all collections, reporting and publication of data by
the Institute of Education Sciences (IES); (B) if applicable, Title V of the E-Government Act of
2002 (E-Gov Act), Pub. L. 107-347, governing any pledges of confidentiality given to the
public for statistical purposes; and (C) Section 309(a)(5) of the D.C. Choice Act, prohibiting the
disclosure of personally identifiable information to the public regarding the results of the
measurements used for the evaluations.
</p><p>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. Before entering into such a contract, the
Department shall require the contractor to maintain Privacy Act safeguards as required under 5
U.S.C. 552a(m) with respect to the records in the system and to agree in writing to comply with all
other provisions of law that affect the disclosure of the information, including section 183 of the
ESRA, Title V of the E-Gov Act, and section 309(a)(5) of the D.C. Choice Act.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>The contractor will maintain data for this system on its computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed by a number assigned to each individual, which is cross-
referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Individual access to the offices of Department contractor, Westat, that maintains the system
of records is controlled and monitored by security personnel. The contractor has established a set
of procedures to ensure confidentiality of data. The system ensures that information identifying
individuals is in files physically separated from other research data. Westat will maintain security
of the complete set of all master data files and documentation. Access to individually identifiable
data will be strictly controlled. All data will be kept in locked file cabinets during nonworking
hours, and work on hardcopy data will take place in a single room, except for data entry.
</p><p>Physical security of electronic data will also be maintained. Security features that protect
project data include password-protected accounts that authorize users to use the Westat system but
to access only specific network directories and network software; user rights and directory and file
attributes that limit those who can use particular directories and files and determine how they can
use them; e-mail passwords that authorize the user to access mail services and additional security
features that the network administrator establishes for projects as needed.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with ED's record disposition schedules
(ED/RDS). In particular, ED will follow the schedules outlined in Part 3 (Research Projects and
Management Study Records) and Part 14 (Electronic Records).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Evaluation Division, National Center for Education Evaluation and Regional
Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue,
NW., room 502, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of the regulations in 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of the regulations in 34 CFR 5b.5, including proof
of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>There are three principal record source categories in this system. Information will be
obtained from applications submitted by potential scholarship winners. Information will also be
obtained directly from applicants who have to take academic assessment examinations administered
directly by the contractor. Finally, information will be gathered from the education records of DCPS
students in grades K thru 12.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-09" toc="yes">
<systemNumber>18-13-09</systemNumber>

<subsection type="systemName">Even Start Classroom Literacy Interventions and Outcomes (CLIO) Study.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., Room
502D, Washington, DC 20208.
</p><p>Westat, 1650 Research Boulevard, Rockville, MD 20850.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on adults and children in the William F. Goodling Even Start
Family Literacy Programs (Even Start) program who participate in the CLIO study, on project staff
from Even Start grantees participating in the CLIO study, and on the kindergarten and first grade
teachers of CLIO children.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of: (1) The names and addresses of adults and children in the Even
Start program who participate in the CLIO study; (2) demographic information such as race/ethnicity,
age, and educational background for adults and children participating in the Even Start CLIO Study,
for Even Start staff in programs participating in the CLIO study, and for the kindergarten and first
grade teachers of CLIO children; (3) responses of adults participating in the Even Start CLIO study
and project staff and teachers to interview questions; and (4) and the results of literacy
assessments on adults and children participating in the Even Start CLIO study.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation being conducted is authorized under: (1) Sections 171(b) and 173 of the
Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563)); and (2) sections 1232(b)
(1)(A) and 1239 of the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB) (20 U.S.C.
6381a(b)(1)(A) and 638lh).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used for the following purposes: (1) To fulfill the
requirements of the Even Start legislation for an evaluation of Even Start programs; and (2) To
provide information on the effectiveness of specific family literacy interventions in those programs
for use in improving the Even Start program. Routine Uses Of Records Maintained In The System,
Including Categories Of Users And The Purpose Of Such Uses:
</p><p>The Department of Education (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 Act, under a computer matching agreement. Any disclosure of
individually identifiable information from a record in this system must also comply with the
requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards
that apply to all collections, reporting and publication of data by the Institute of Education
Sciences.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department must require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor maintains data for this
system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed by a number assigned to each individual, which is cross-
referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site, and the site of the Department's contractor
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 computer 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. The contractor, Westat, has established a set of procedures to ensure confidentiality of
data. The system ensures that information identifying individuals is in files physically separated
from other research data. Westat will maintain security of the complete set of all master data files
and documentation. Access to individually identifiable data will be strictly controlled. All data
will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take
place in a single room, except for data entry. Physical security of electronic data will also be
maintained. Security features that protect project data include: password-protected accounts that
authorize users to use the Westat system but to access only specific network directories and network
software; user rights and directory and file attributes that limit those who can use particular
directories and files and determine how they can use them; e-mail passwords that authorize the user
to access mail services; and additional security features that the network administrator establishes
for projects as needed. The contractor employees who maintain (collect, maintain, use, or
disseminate) data in this system must comply with the requirements of the confidentiality standards
in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department of Education's
Records Disposition Schedules (ED/RDS). In particular, the Department will follow the schedules
outlined in Part 3 (Research Projects and Management Study Records) and Part 14 (Electronic Records)
of ED/RDS.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey
Avenue, NW., Room 502D, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of regulations at 34 CFR 5b.7,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from interviews with Even Start CLIO study participants, staff, and
kindergarten and first grade teachers of CLIO children and direct assessments of Even Start CLIO
study participants. Even Start programs participating in CLIO also provide information to the CLIO
study on who is participating in the program at each data collection point and their attendance in
the program's services.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-12" toc="yes">
<systemNumber>18-13-12</systemNumber>
<subsection type="systemName">Evaluation of the Impact of Supplemental Literacy Interventions in Freshman Academies (The
Adolescent Literacy Project).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room
502D, Washington, DC 20208.
</p><p>(2) MDRC, 16 East 34th Street, New York, NY 10016.
</p><p>(3) American Institutes for Research, 1000 Thomas Jefferson Street, NW., Washington, DC 20007.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on adolescents, teachers, and project staff participating in
the literacy interventions in the Adolescent Literacy Project. The goal of this study is to
establish and evaluate the effects of two supplemental literacy programs for students who enter
ninth grade with reading skills well below grade level. A distinctive aspect of this project is that
the schools mounting the literacy programs will be ones that already operate Smaller Learning
Communities (SLCs) that address the transition freshman students are making into high school,
sometimes referred to as "Freshman Academies."  Freshman Academies should provide a more supportive
environment within which the supplemental literacy interventions can be implemented and sustained
for this study.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of information about two cohorts of approximately 3,200 high school
freshmen each, one in the 2005-2006 school year and the other in the 2006-2007 school
year, in SLC in eight to twelve school districts yet to be determined. Half of these students will
be participants in supplemental literacy program, and half will be in a control group. The system
will include these students' names, addresses, demographic information such as race/ethnicity, age,
gender, and educational background, their results on literacy assessments, some of their school
records data such as attendance, state test results, course performance, and classes taken, and
their attitude toward reading and their reading and writing activities during the school year. The
system will also include responses to survey and interview questions from teachers of these
students, and possibly other school staff working with the literacy classes. These surveys and
interviews will request information about the teachers' backgrounds, professional experience, and
training, as well as their observations and impressions of the supplemental literacy interventions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation being conducted is authorized under sections 171(b) and 173 of the Education
Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563). The SLC program is authorized under
Title V, Part D, Subpart 4 of the Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.
7249), as amended by the No Child Left Behind Act of 2001 (Pub. L. 107-110).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used for the following purpose: To study promising
organizational and instructional strategies that will be used in the SLC program, as authorized by
the ESEA, as amended. In particular, this system is necessary to provide information for analyses of
the effectiveness of specific literacy interventions for ninth graders that will be used in SLCs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 Act, under a computer matching agreement. Any disclosure of individually
identifiable information from a record in this system must also comply with the requirements of
section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all
collections, reporting and publication of data by IES.
</p><p>(1) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
the U.S. Department of Justice and 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 the FOIA.
</p><p>(2) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(3) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor and subcontractor maintain
data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed by a number assigned to each individual that is cross
referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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. The contractor, MDRC, and its subcontractor, AIR, have established
similar sets of procedures at their sites to ensure confidentiality of data. Their systems ensure
that information identifying individuals is in files physically separated from other research data.
They will maintain security of the complete set of all master data files and documentation. Access
to individually identifiable data will be strictly controlled. At each site all data will be kept in
locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single
room, except for data entry. Physical security of electronic data will also be maintained. Security
features that protect project data include password-protected accounts that authorize users to use
the MDRC or AIR system but to access only specific network directories and network software; user
rights and directory and file attributes that limit those who can use particular directories and
files and determine how they can use them; e-mail passwords that authorize the user to access mail
services and additional security features that the network administrators establish for projects as
needed. The contractor and subcontractor employees who "maintain"  (collect, maintain, use, or
disseminate) data in this system shall comply with the requirements of the confidentiality standards
in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules, Part 3, Items 2b and 5a.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey
Avenue, NW., room 502D, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system consists of information about two cohorts of approximately 3,200 high school
freshmen each in SLCs in eight to twelve school districts yet to be determined. The system will
include information taken directly from the students. It will also include information from the
students' education records, such as attendance, State test results, course performance, and classes
taken. The system will also include responses to survey and interview questions from teachers of
these students, and possibly other school staff working with the literacy classes.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-15" toc="yes">
<systemNumber>18-13-15</systemNumber>
<subsection type="systemName">Impact Evaluation of a School-based Violence Prevention Program.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., Room
502D, Washington, DC 20208-0001.
</p><p>(2) RTI International, 3040 Cornwallis Road, Research Triangle Park, NC 12194.
</p><p>(3) Tanglewood Research, Inc., 7017 Albert Pick Road, Suite D, Greensboro, NC 27409.
</p><p>(4) Pacific Institute for Research and Evaluation (PIRE), 1516 Franklin Street, Chapel Hill, NC
27514.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on students, school teachers, and other school staff members
who are participating in the Impact Evaluation of a School-based Violence Prevention Program. The
purpose of the impact evaluation is to determine the effectiveness of a violence prevention program
for middle schools using a rigorous research design. Currently, there is lack of rigorous research
concerning school-based violence prevention in middle schools. Through an open competition with
advisement from a panel of experts in the field of violence prevention, the Department's contractor,
RTI, selected two violence prevention interventions and combined them into a single program for the
purpose of this evaluation. The program has the following two components: (1) A curriculum-based
model to facilitate students' social competency, problem solving, and self-control skills, and (2) a
whole-school model that targets school practices and policies usually through classroom management
or teaching strategies, or through systemic reorganization and modification of school management,
disciplinary policies, and enforcement procedures. The RiPP intervention will provide the
curriculum-based component of the program and the Best Behavior intervention will provide the whole-
school component of the program.
</p><p>The study sample consists of approximately 20,000 students and approximately 3,000 teachers and
other school staff members drawn from approximately 40 middle schools over 3 years. Participation of
students, teachers, and other school staff members in the evaluation is voluntary.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system includes students' names, demographic information (such as date of birth and
race/ethnicity), self-reported attitudes about violence and feelings of safety, self-reported
victimization, and self-reported violent and delinquent behaviors. The system also will include
information from school records such as records of students' attendance, suspensions, expulsions,
and school policy violations. The system also will include teachers' and other staff members' self-
reported victimization at school as well as their experiences with training and technical assistance
related to their schools' violence prevention efforts.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation being conducted is authorized under sections 4111(a)(2)(A) and 4122(a) of the
Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001
(ESEA) (20 U.S.C. 7111(a)(2)(A) and 7132(a)), which limits the amount of funds available for program
evaluation to $2,000,000 during each fiscal year. Implementation of the violence prevention program
being evaluated is authorized under section 4121(a)(2) of the ESEA (20 U.S.C. 7131(a)(2)). The
evaluation is also authorized under sections 171(b) and 173 of the Education Sciences Reform Act of
2002 (ESRA) (20 U.S.C. 9561(b) and 9563).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system will be used for the following purposes: (1) To support an
impact evaluation of a violence prevention program for middle schools; and (2) to provide
information for improvement of programs within the Department's Office of Safe and Drug-free
Schools.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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, under a computer matching agreement. Any disclosure of individually
identifiable information from a record in this system must also comply with the requirements of
section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all
collections, reporting and publication of data by the Institute of Education Sciences (IES).
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor and subcontractors
maintain data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed by a number assigned to each student, each teacher or
other school staff member that is cross-referenced by the individual's name on a separate list. A
list of names of the students whose parents have consented to their participation in the impact
evaluation, as well as a list of names of participating teachers and other school staff members will
be entered into a Microsoft Access database for purposes of tracking over the three years of the
study.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site, and the site of the Department's contractor
and subcontractors 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 computer system permits data access to Department
and contract staff only on a "need to know"  basis, and controls individual users' ability to access
and alter records within the system.
</p><p>The Department's contractor, RTI, and its subcontractors, Tanglewood and PIRE, have established a
set of procedures to ensure confidentiality of data. The systems of RTI, Tanglewood, and PIRE ensure
that information identifying individuals is in files physically separated from other research data.
RTI and its subcontractors will maintain security of the complete set of all master data files and
documentation. Access to individually identifiable data will be strictly controlled. All data will
be kept in locked file cabinets during nonworking hours and work on hardcopy data will take place in
a single room except for data entry. Physical security of electronic data also will be maintained.
Security features that protect project data include: Password-protected accounts that authorize
users to use the system of records but to access only specific network directories and network
software; user rights and directory and file attributes that limit those who can use particular
directories and files and determine how they can use them; e-mail passwords that authorize the user
to access mail services; and additional security features that the network administrator establishes
for projects as needed. The contractor and subcontractor employees who maintain (collect, maintain,
use, or disseminate) data in this system must comply with the requirements of the confidentiality
standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules in Part 3 (Research Projects and Management Study Records) and Part 14
(Electronic Records).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Ricky Takai, Associate Commissioner, Evaluation Division, National Center for Education
Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education,
555 New Jersey Avenue, NW., Room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations in 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of regulations in 34 CFR 5b.7,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The system includes students' names, demographic information (such as date of birth and
race/ethnicity), self-reported attitudes about violence and feelings of safety, self-reported
victimization, and self-reported violent and delinquent behaviors. The system also will include
information from school records such as records of students' attendance, suspensions, expulsions,
and school policy violations. The system also will include teachers' and other school staff members'
self-reported victimization at school as well as their experiences with training and technical
assistance related to the violence prevention program.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-18" toc="yes">
<systemNumber>18-13-18</systemNumber>
<subsection type="systemName">Evaluation of Conversion Magnet Schools.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., Room
502D, Washington, DC 20208.
</p><p>(2) American Institutes for Research, 1070 Arastradero Road, Suite 200, Palo Alto, CA 94304.
</p><p>(3) Berkeley Policy Associates, 440 Grand Avenue, Suite 500, Oakland, CA 94610-5085.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on elementary school students attending an elementary school in
school districts that are recipients of Magnet Schools Assistance Program (MSAP) grants in 2004
and/or 2007. The system will contain information about students who attend approximately (i) 50
conversion magnet schools and (ii) 100 elementary schools that are not magnet schools that will
serve as comparison elementary schools for the purposes of this study. The total number of
elementary school students included in this system of records will be approximately 15,000 per year
for the years 2004-2005 through 2009-2010 and approximately 7,500 per year for the years
2001-2002 through 2003-2004. The 50 magnet schools in the study are drawn from school
districts that were awarded MSAP grants by the U.S. Department of Education's Office of Innovation
and Improvement in 2004 and/or 2007. For each conversion magnet school and its comparison schools,
data will be collected for the three years before or for at least the three years after the
conversion date.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include information about the elementary school students
participating in the evaluation including student demographic information (such as race/ethnicity,
gender, age, and language status); attendance zone; grade level; and annual English language arts
(ELA) and mathematics test scores.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The MSAP, the program being evaluated, is authorized under the Elementary and Secondary
Education Act of 1965, as amended, Title V, Part C; 20 U.S.C. 7231-7231j. Sections 5301-
5311 of the No Child Left Behind Act of 2001 (NCLB) most recently amended this program. Section 5310
of the NCLB statute authorizes the Secretary of Education to use MSAP monies to evaluate the
program. The evaluation being conducted is authorized under sections 171(b) and 173 of the Education
Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The goal of this study is to assess the relationship between magnet school conversion and
student outcomes at the elementary school level. In particular, this system is necessary to provide
information about whether and how students' educational achievement and minority group isolation
change when elementary schools convert to magnet schools.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 Act, under a computer matching agreement. Any disclosure of individually
identifiable information from a record in this system must also comply with the requirements of
section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all
collections, reporting and publication of data by IES.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department must require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>The Department maintains records on CD-ROM, and the contractor and subcontractor
maintain data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed by a number assigned to each individual that is cross
referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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. The contractor and subcontractor will establish similar sets of
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 identifiable data will be strictly controlled. At each
site all data will be kept in locked file cabinets during nonworking hours, and work on hardcopy
data will take place in a single room, except for data entry. Physical security of electronic data
will also be maintained. Security features that protect project data include: password-protected
accounts that authorize users to use the contractor's and subcontractor's systems but to access only
specific network directories and network software; user rights and directory and file attributes
that limit those who can use particular directories and files and determine how they can use them;
and additional security features that the network administrators will establish for projects as
needed. The contractor and subcontractor employees who "maintain"  (collect, maintain, use, or
disseminate) data in this system shall comply with the requirements of the confidentiality standards
in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules (Section Ed/RDS, Part 3, Item 2b and Part 3, Item 5a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Evaluation Division, National Center for Education Evaluation and Regional
Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue,
NW., Room 502D, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations in 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The system will contain records that are obtained from (i) 50 conversion magnet schools and
(ii) 100 elementary schools that are not magnet schools that will serve as comparison elementary
schools for the purposes of this study. These data, including students' annual English language arts
and mathematics test scores, will be collected from school district databases.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-19" toc="yes">
<systemNumber>18-13-19</systemNumber>
<subsection type="systemName">Adult English as a Second Language (ESL) Literacy Impact Study.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW.,
room 502D, Washington, DC 20208-0001.
</p><p>(2) American Institutes for Research, 1000 Thomas Jefferson Street, Washington, DC 20007-
3839.
</p><p>(3) Berkeley Policy Associates, 440 Grand Avenue, Suite 500, Oakland, CA 94610-5012.
</p><p>(4) Mathematica Policy Associates, 600 Alexander Park, Princeton, NJ 08540-6346.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on adult ESL students and teachers who are participating in an
evaluation of the effectiveness of a literacy workbook and teacher training in improving the English
reading and speaking skills of adult ESL learners who have low levels of literacy in their native
language. Teachers and adult ESL learners at recruited sites will volunteer to participate in the
study.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system will contain information about 40 adult ESL teachers and two cohorts of
approximately 900 adult ESL learners per cohort. The system of records will include information
about the adult learners participating in the evaluation, including the learners' names; addresses;
demographic information such as race/ethnicity, gender, age, educational background; and scores on
literacy assessments. The system of records will also include information about the teachers
participating in the evaluation, including the teachers' names; demographic information such as
race/ethnicity, gender, educational background; and teaching experience.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation being conducted is authorized under section 243 of the Adult Education and
Family Literacy Act (20 U.S.C. 9253), as well as sections 171(b) and 173 of the Education Sciences
Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used for the following purpose: To study the effectiveness
of a literacy workbook and teacher training in improving the English reading and speaking skills of
adult ESL learners who have low levels of literacy skills in their native language.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement. Any
disclosure of individually identifiable information from a record in this system must also comply
with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality
standards that apply to all collections, reporting, and publication of data by IES.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (American Institutes for
Research) and subcontractors (Berkeley Policy Associates and Mathematica Policy Associates) maintain
data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual
that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the sites of the Department's contractor
and subcontractors, 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. The contractor and subcontractors will establish similar sets of
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 subcontractors will maintain security of the complete set of all master data
files and documentation. Access to individually identifying data will be strictly controlled. At
each site all data will be kept in locked file cabinets during nonworking hours, and work on
hardcopy data will take place in a single room, except for data entry. Physical security of
electronic data will also be maintained. Security features that protect project data include:
Password-protected accounts that authorize users to use the contractor's and subcontractors' systems
but to access only specific network directories and network software; user rights and directory and
file attributes that limit those who can use particular directories and files and determine how they
can use them; and additional security features that the network administrators will establish for
projects as needed. The contractor and subcontractor employees who "maintain" (collect,
maintain, use, or disseminate) data in this system shall comply with the requirements of the
confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules (ED/RDS, Part 3, Item 2b and Part 3, Item 5a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Evaluation Division, National Center for Education Evaluation and Regional
Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue,
NW., room 502D, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The system of records will include information collected from adult learners and from
teachers participating in the evaluation. Data collected from the learners will include learners'
names; addresses; demographic information such as race/ethnicity, gender, age, educational
background; and scores on literacy assessments. Data collected from the teachers will include the
teachers' names; demographic information such as race/ethnicity, gender, educational background; and
teaching experience.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-20" toc="yes">
<systemNumber>18-13-20</systemNumber>
<subsection type="systemName">Impact Evaluation of Title I Supplemental Educational Services.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW.,
room 502E, Washington, DC 20208-0001.
</p><p>(2) Mathematica Policy Research, Inc., 600 Alexander Park, Princeton, NJ 08540-2393 and 955
Massachusetts Avenue, Suite 801, Cambridge, MA 02139-3226.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on third-to eighth-grade students who are participating in an
evaluation of the effectiveness of Title I Supplemental Educational Services (SES). Parents will
apply to their school districts for their child to participate in SES. For students whose parents
apply for them to participate in SES, the districts will provide to the Department's contractor
demographic data, data on student achievement, and will report on whether or not students were
selected to participate in SES. SES providers will provide information to the Department's
contractor on the services provided to students.
</p><p>The system will contain information about approximately 50,000 third- to eighth-graders. In up to
twelve school districts, approximately 50,000 students are expected to apply to participate in Title
I SES provided by the district, private providers, or both.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include individually identifying information about the student
applicants participating in the evaluation, including names; demographic information such as race,
ethnicity, gender, age, and educational background; level of participation in SES programs; scores
on State reading or mathematics achievement tests, or both; and, for each student participating in
SES, the name and characteristics of SES provider organizations such as type of provider (district,
private for profit, non-profit, community-based organization), location (at student's school or not
at student's school), delivery method (teacher, technology, distance learning), and delivery group
size (one-on-one, small group, large group).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation is authorized under section 1501(a)(2) of the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (20 U.S.C. 6491(a)(2)), as
well as sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C.
9561(b) and 9563).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used for the following purpose: To evaluate the
effectiveness of Title I SES in improving the reading or mathematics achievement, or both, of
students in Title I schools that have failed to make adequate yearly progress for three years.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement. Any
disclosure of individually identifiable information from a record in this system must also comply
with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality
standards that apply to all collections, reporting, and publication of data by IES.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department will require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Mathematica Policy
Research, Inc.) maintains data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual
that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the sites of the Department's contractor
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.
The contractor will establish similar sets of procedures at its sites to ensure confidentiality of
data. The contractor's system is required to ensure that information identifying individuals is in
files physically separated from other research data. The contractor will maintain security of the
complete set of all master data files and documentation. Access to individually identifying data
will be strictly controlled. At each contractor site, all data will be kept in locked file cabinets
during nonworking hours, and work on hardcopy data will take place in a single room, except for data
entry. Physical and cyber security of electronic data will also be maintained. Security features
that protect project data include: Password-protected accounts that authorize users to use the
contractor's systems but to access only specific network directories and network software; user
rights and directory and file attributes that limit those who can use particular directories and
files and determine how they can use them; and additional security features that the network
administrators will establish for projects as needed. The contractor employees who "maintain
" (collect, maintain, use, or disseminate) data in this system must comply with the
requirements of the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules (ED/RDS, Part 3, Item 2b and Part 3, Items 4b and 5a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Acting Associate Commissioner, Evaluation Division, National Center for Education Evaluation
and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New
Jersey Avenue, NW., room 502E, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of the regulations in 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of the regulations in 34 CFR 5b.5, including proof
of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The system of records will include individually identifying information collected from
school districts on third-to eighth graders applying to participate in Title I SES and the SES
provider organization for each student participating in SES. Data collected will include information
about the student applicants participating in the evaluation, including names; demographic
information such as race, ethnicity, gender, age, and educational background; level of participation
in SES programs; scores on State reading or mathematics achievement tests, or both; and, for each
student participating in SES, the name and characteristics of SES provider organizations such as
type of provider (district, private for profit, non-profit, community-based organization), location
(at student's school or not at student's school), delivery method (teacher, technology, distance
learning), and delivery group size (one-on-one, small group, large group).
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-21" toc="yes">
<systemNumber>18-13-21</systemNumber>

<subsection type="systemName">Evaluation of Moving High-Performing Teachers to Low-Performing Schools.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW.,
Room 502E, Washington, DC 20208-0001.
</p><p>(2) Mathematica Policy Research, Inc., 600 Maryland Avenue, SW., Suite 550, Washington, DC 20024
-2512 (contractor).
</p><p>(3) Optimal Solutions Group, 8100 Professional Place, Suite 312, Hyattsville, MD 20785-2229
(subcontractor).
</p><p>(4) The New Teacher Project, 186 Joralemon Street, Suite 300, Brooklyn, NY 11201-4326
(subcontractor).
</p></xhtmlContent></subsection>
	<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on elementary and middle school students and teachers in
approximately 10 school districts participating in an evaluation of the impact on improving student
achievement of placing high-performing teachers in low-performing schools. In these 10 school
districts, data will be collected on approximately 200 teachers and 3680 students in their
classrooms.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The evaluation will contain information about 10 school districts where linked student-
teacher school records, including test score data, are available for the last four years for all
enrolled students. The system of records will include personally identifying information about
elementary and middle school students participating in the evaluation, including demographic
information such as race, ethnicity, gender, age, educational background, English language
proficiency, disability status, eligibility for school lunch programs and mobility status; and
scores on State reading and mathematics achievement tests. The system of records will also include
personally identifying information about teachers participating in the evaluation, including
demographic information such as race, ethnicity, and educational background; and teaching
experience.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation is authorized under: (1) Sections 171(b) and 173 of the Education Sciences
Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563); and (2) section 9601(a) of the Elementary
and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001
(NCLB) (20 U.S.C. 7941(a)). The grant programs that are the subject of this evaluation are
authorized under Part A of Title II of the ESEA, as amended by the NCLB (20 U.S.C. 6601-51).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The central purpose and reason why the Department is establishing this system of records is
to evaluate the impact on improving student achievement of high-performing teachers who are placed
in low-performing schools. We seek to study the following additional research questions that are
important for policymaking:
</p><p>(1) What is the overlap between high-performing teachers and low-performing schools? In other
words, how serious is the unequal distribution of teacher talent?
</p><p>(2) How responsive to incentives are high-performing teachers?
</p><p>(3) What factors influence career decisions of high-performing teachers?
</p><p>(4) Who fills teaching vacancies in low-performing schools in the absence of incentives for high-
performing teachers to move to low-performing schools?
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement. Any
disclosure of individually identifying information from a record in this system must also comply
with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality
standards that apply to all collections, reporting, and publication of data by IES.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Mathematica Policy Research,
Inc.) and subcontractors (Optimal Solutions Group and the New Teacher Project) maintain data for
this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual
that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the sites of the Department's contractor
and subcontractors, 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. The contractor and subcontractors will establish similar sets of
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 subcontractors will maintain security of the complete set of all master data
files and documentation. Access to individually identifying data will be strictly controlled. At
each site all data will be kept in locked file cabinets during nonworking hours, and work on
hardcopy data will take place in a single room, except for data entry. Physical security of
electronic data will also be maintained. Security features that protect project data include:
Password-protected accounts that authorize users to use the contractor's and subcontractors' systems
but to access only specific network directories and network software; user rights and directory and
file attributes that limit those who can use particular directories and files and determine how they
can use them; and additional security features that the network administrators will establish for
projects as needed. The contractor's and subcontractors' employees who "maintain"
(collect, maintain, use, or disseminate) data in this system shall comply with the requirements of
the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules (ED/RDS, Part 3, Item 2b and Part 3, Item 5a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Acting Associate Commissioner, Evaluation Division, National Center for Education Evaluation
and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New
Jersey Avenue, NW., Room 502E, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on elementary and middle school students and teachers in school
districts participating in an evaluation of the impact on student achievement of high-performing
teachers who are placed in low-performing schools. Districts have databases (school records) that
contain all the student information that the Department will use. As part of the evaluation, a
district is providing the Department's contractor with data files that contain the information on
each student assigned to a teacher participating in the evaluation. Data collected from teachers
will be collected from surveys that they fill out.
</p></xhtmlContent></subsection>
	<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-22" toc="yes">
<systemNumber>18-13-22</systemNumber>
<subsection type="systemName">Teacher Survey Response Incentive System.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) National Center for Education Statistics, Institute of Education Sciences, 1990 K
Street, NW., Washington, DC 20006-1103.
</p><p>(2) SRI International, 333 Ravenswood Ave., Menlo Park, CA 94025-3493 (contractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The Teacher Survey Response Incentive System contains records of respondents to the Teacher
Survey being administered as part of the National Study on Alternate Assessments Teacher Survey.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Teacher Survey Response Incentive System contains records, including name and contact
information, necessary for mailing incentive checks to survey respondents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Teacher Survey is part of the National Study on Alternate Assessments, which is
authorized by section 664(c) of the Individuals with Disabilities Education Act (20 U.S.C. 1464(c)).
This Study is also authorized under sections 171(b) and 173 of the Education Sciences Reform Act of
2002 (ESRA) (20 U.S.C. 9561(b) and 9563).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the following
purpose: To allow the Department's contractor administering the National Study on Alternate
Assessments (NSAA) Teacher Survey to mail response incentive checks to respondents who complete the
survey.
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record 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 Computer Matching and
Privacy Protection Act of 1988, as amended, under a computer matching agreement. Any disclosure of
individually identifiable information from a record in this system must also comply with the
requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards
that apply to all collections, reporting and publication of data by IES.
</p><p><i>Contract Disclosure.</i> If the Department contracts with an entity to perform any function
that requires disclosing records to the contractor's employees, the Department may disclose the
records to those employees. Before entering into such a contract, the Department shall require the
contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the
records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records notice.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in a database on the Department's and the contractor's secure servers
and in other electronic storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by respondent name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the records is limited to authorized personnel only. All physical access to the
Department's site and to the site of the Department's contractor where this system of records is
maintained, is controlled and monitored by security personnel who check each individual entering the
buildings for his or her employee or visitor badge.
</p><p>The computer system employed by the Department and by the Department's contractor 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 an individual user's ability to
access and alter records within the system.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Source records for Teachers Survey Response Incentive System input are destroyed after the
information has been entered into the system and verified, in accordance with the National Archives
and Records Administration General Records Schedules (GRS) 20, Item 2a(4). System records are
destroyed/deleted when 2 years old, in accordance with GRS 23, Item 8.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Contracting Officer's Representative (COR), National Study on Alternate Assessments,
National Center for Special Education Research, Institute of Education Sciences, U.S. Department of
Education, 555 New Jersey Avenue, NW., Washington, DC 20208-5550.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager. Your request must meet the requirements of regulations in 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager at the address listed under, <b>SYSTEM MANAGER AND ADDRESS</b>. Your request should
contain your full name, address, and telephone number. Your request must meet the requirements of
regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information, including name and contact information, maintained in this system of records is
taken from teachers who respond to the Teacher Survey, which is being administered as part of the
National Study on Alternate Assessments.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-23" toc="yes">
<systemNumber>18-13-23</systemNumber>
<subsection type="systemName">National Longitudinal Transition Study-2 (NLTS2)
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) SRI International, 333 Ravenswood Ave., Menlo Park, CA 94025-3493. (Contractor)
</p><p>(2) Research Triangle Institute (RTI), 3040 Cornwallis Rd., Ragland Building, Research Triangle
Park, NC 27709-2194. (Subcontractor to SRI)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The NLTS2 system contains records of a sample of more than 11,000 youth from the population
of 13 through 16 year olds receiving special education services in seventh grade or above in
December of 2000. The sample is nationally representative of the types of disabilities, as defined
by the 12 Federal special education disability categories, in this population.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records contains responses to surveys and interviews administered to
students, parents, guardians, administrators, and teachers. The responses may include a student's
background and demographic data (e.g., ethnicity, primary language spoken in the student's home),
educational experiences, employment experiences, finances, aspirations, plans and goals, family
variables (e.g., household income, number of adults living in the household, parental expectations
for youth to attend postsecondary school), school characteristics, school programs, classroom
experiences, adult services and supports, and early adult outcomes in employment, education,
independence, and social domains. Records in this system of records also may include the student's
achievement test scores and high school transcript data.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation being conducted is authorized under sections 171(b) and 173 of the Education
Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563) and section 664(e) of the
Individuals with Disabilities Education Act (20 U.S.C. 1464(e)).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the following
purpose:
</p><p>To describe the critical influences, contexts, and educational and post-high school experiences
for students with disabilities as they complete secondary education and transition to adulthood.
Specifically, this study will examine the sample group of secondary students in special education
and: (a) Describe the characteristics of these students and their households; (b) describe these
students' secondary school experiences in special education, including their experiences in school,
school programs, related services, and extracurricular activities; (c) describe the experiences of
these students once they leave secondary school, including their experiences in adult programs and
services and social activities; (d) measure the secondary school and post-school outcomes of these
students in the education, employment, social, and residential domains; and, e) identify factors in
these students' secondary school and post-school experiences that contribute to more positive
outcomes.
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 Computer Matching and Privacy Protection Act of 1988, as amended, under
a computer matching agreement. Any disclosure of individually identifiable information from a record
in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573)
providing for confidentiality standards that apply to all collection, reporting and publication of
data by IES.
</p><p><i>Contract Disclosure.</i> If the Department contracts with an entity for the purpose of
performing any function that requires disclosure of records in this system to employees of the
contractor, the Department may disclose the records to only those employees. Before entering into
such a contract, the Department will require the contractor to maintain Privacy Act safeguards, as
required under 5 U.S.C. 552a(m), with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in a database on the contractors' secure servers and in other
electronic storage media. Respondent name and contact information is stored separately from the rest
of the data collected in this system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed by a unique number assigned to each individual, which is
cross-referenced by the individual's name. Records are retrieved by the individual's name or by the
unique number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the records is limited to authorized personnel who are briefed regarding
confidentiality of the data, are required to sign a written statement attesting to their
understanding of the significance of the confidentiality requirement, and have received Department
of Education security clearances.
</p><p>All physical access to the contractor and subcontractor sites where this system of records is
maintained, is controlled and monitored by security personnel who check each individual entering the
buildings for his or her employee or visitor badge.
</p><p>The computer systems employed by the contractor and subcontractor offer a high degree of
resistance to tampering and circumvention. Security systems limit data access to contract staff on a
"need to know" basis, and control each individual user's ability to access and alter
records within the system.
</p><p>The contractor and subcontractor employees who "maintain" (including collect,
maintain, use, or disseminate) data in this system of records must comply with the requirements of
the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In accordance with Part 3, Item 4.b (NC-12-75-1, Item 10b) of the
Department's Records Disposition Schedules, records are destroyed upon verification of transfer to
electronic format or upon completion of the report.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Contracting Officer's Representative (COR), National Longitudinal Transition Study-2
(NLTS2), National Center for Special Education Research, Institute of Education Sciences, U.S.
Department of Education, 555 New Jersey Avenue, NW., Washington, DC 20208-5550.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager at the address listed under <b>SYSTEM MANAGER AND ADDRESS</b>.
Your request must meet the requirements of the regulations in 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager at the address listed under <b>SYSTEM MANAGER AND ADDRESS</b>. Requests should
contain your full name, address, and telephone number. Your request must meet the requirements of
the regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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 under <b>SYSTEM MANAGER AND ADDRESS</b>.
Your request must meet the requirements of the regulations in 34 CFR 5b.7, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information maintained in this system of records is collected from a variety of sources,
including parents, guardians, teachers, principals, school records, and students themselves. Records
in this system may be collected through methods such as: (a) Telephonic interviews with parents or
guardians of students that focus on student and family characteristics, non-school activities,
satisfaction with school programs, and activities after high school; (b) telephonic interviews or
written questionnaires from students about their experiences and outcomes; (c) teacher surveys about
classroom practices and student performance in the classroom; (d) surveys of school programs
completed by teachers knowledgeable about the overall program and student performance in a broader
context (e.g., instructional settings that comprise a student's whole experience, vocational
education, transition planning experiences, and accommodations received); (e) surveys about the
characteristics of the school, including aggregate measures of school performance to use as
supporting data for reports; (f) student assessments, which involve a direct assessment of the
student, including measures of the student's reading and math skills, vocabulary, science and social
studies content knowledge, as well as interviews with the student about self-concept and self-
determination, or alternate assessments completed by a knowledgeable adult when students are unable
to complete a direct assessment due to cognitive or behavioral limitations; and, (g) student
transcripts, including courses taken, grades, and attendance.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-24" toc="yes">
<systemNumber>18-13-24</systemNumber>
<subsection type="systemName">Evaluation of Teacher Residency Programs.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW.,
room 502D, Washington, DC 20208-0001.
</p><p>(2) Mathematica Policy Research, Inc., 600 Alexander Park, Princeton, NJ 08540 (contractor).
</p><p>(3) Decision Information Resources, Inc., 2600 Southwest Freeway, Suite 900, Houston, TX 77098
(subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on approximately 255 residents and 270 mentors from
approximately 15 teacher residency programs and 800 teachers and 20,000 students from 8 districts.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include personally identifying information about the students in
the participating teacher classrooms, including demographic information such as race, ethnicity,
gender, age, and educational background; information on attendance and disciplinary incidences; and
scores on reading and mathematics achievement tests. The system of records will also include
personally identifying information about the mentors, residents and teachers participating in the
evaluation, including demographic information, such as race, ethnicity, gender, and educational
background, and teaching experience. The system of records will also include employment information
on the teachers participating in the evaluation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation is authorized under sections 171(b) and 173 of the Education Sciences Reform
Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563), and section 202(h)(1) of the Higher Education Act,
as amended by the Higher Education Opportunity Act of 2008 (HEA) (20 U.S.C. 1022a(h)). The grant
programs that are the subject of this evaluation are authorized under Part A of Title II of the HEA
(sec. 201-204) (20 U.S.C. 1022-1022c).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the following
purpose:
</p><p>To describe Teacher Residency Programs (TRPs) and summarize the teacher retention and student
achievement outcomes of TRP participants. The study will address the following research questions:
</p><p>(1) What are the characteristics of TRPs?
</p><p>(2) What are the characteristics of participants in TRPs?
</p><p>(3) What is the average performance of novice TRP teachers as measured by value-added estimates
benchmarked against novice and all teachers in the district?
</p><p>(4) What are the retention rates of novice TRP teachers and their novice colleagues who did not
go through TRPs?
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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, under a computer matching agreement. Any
disclosure of individually identifying information from a record in this system must also comply
with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality
standards that apply to all collections, reporting, and publication of data by IES.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Mathematica Policy
Research, Inc.) and sub-contractor (Decision Information Resources, Inc.) maintain data for this
system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual
that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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. The contractor and subcontractor will establish a similar set of
procedures at their sites to ensure confidentiality of data. The contractor and subcontractor 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 will be strictly
controlled. All data will be kept in locked file cabinets during nonworking hours, and work on
hardcopy data will take place in a single room, except for data entry. Physical security of
electronic data will also be maintained. Security features that protect project data include:
Password-protected accounts that authorize users to use the contractor's and subcontractor's systems
but to access only specific network directories and network software; user rights and directory and
file attributes that limit those who can use particular directories and files and determine how they
can use them; and additional security features that the network administrators will establish for
projects as needed. The contractor's and subcontractor's employees who "maintain"
(collect, maintain, use, or disseminate) data in this system shall comply with the requirements of
the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
	<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules (ED/RDS, Part 3, Item 2b and Part 3, Item 5a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Acting Associate Commissioner, Evaluation Division, National Center for Education Evaluation
and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New
Jersey Avenue, NW., room 502D, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on residents, mentors, teachers, and students participating in
an evaluation of teacher residency programs. Data will be obtained through student records
maintained by the school districts, assessments administered to students, and surveys of residents,
mentors, and teachers.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-25" toc="yes">
<systemNumber>18-13-25</systemNumber>
<subsection type="systemName">IES Research Training Program Surveys: Predoctoral Survey, Postdoctoral Survey, Special
Education Postdoctoral Survey.
</subsection>
	<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>National Center for Education Research, Program Officer Staff, Institute of Education
Sciences (IES), U.S. Department of Education (Department), 555 New Jersey Avenue, NW., Suite 618,
Washington, DC 20208-5530.
</p></xhtmlContent></subsection>
	<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system contains records on pre- and postdoctoral fellows who have been funded through
the IES Pre- and Postdoctoral Education Research Training Grants and the IES Postdoctoral Special
Education Research Training Grants.
</p></xhtmlContent></subsection>
	<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains records regarding fellows': (1) Names; (2) e-mail addresses; (3)
personal characteristics, such as gender, race/ethnicity, and citizenship status; (4) information on
the training program attended including the average GRE scores of program participants and fellows
per program; (5) responses to survey items regarding the quality of the training program they
attended; (6) academic information including past field of study, Ph.D. completion and year of
Ph.D., completion of fellowship program, research conducted during and after attending the training
program including the number and type of publications and presentations made; and (7) information on
positions held and type of research done after completing the training program including plans to or
submission of a grant proposal.
</p></xhtmlContent></subsection>
	<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation is authorized under sections 131 through 134 and section 189 of the Education
Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9531-34 and 9579).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the following
purposes: (1) To assess the satisfaction of the fellows with their IES training programs in order to
determine whether there are program areas that need improvement; and (2) to track the fellows'
professional accomplishments both during and following their fellowship years in order to assess how
well the individual programs are fulfilling the mission of the IES training programs, which is to
increase the supply of young researchers trained and ready to do rigorous research in education.
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record 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 Computer Matching and
Privacy Protection Act of 1988, as amended, under a computer matching agreement. Any disclosure of
individually identifiable information from a record in this system must also comply with the
requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards
that apply to all collections, reporting, and publication of data by IES.
</p><p><i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in a database on the Department's secure servers. No paper records
will be kept as part of this system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the fellows' names.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the records is limited to authorized personnel only. All physical access to the
Department's site where this system of records is maintained, is controlled and monitored by
security personnel who check each individual entering the buildings for his or her employee or
visitor badge.
</p><p>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 an individual user's ability to access and alter
records within the system. All users of this system of records are given a unique user
identification. The Department's Information Security Privacy Policy requires the enforcement of a
complex password policy. In addition, users are required to change their password at least every 60
to 90 days in accordance with the Department's information technology standards.
</p></xhtmlContent></subsection>
	<subsection type="retentionAndDisposal"><xhtmlContent><p>The records associated with predoctoral and postdoctoral fellows' progress will be
maintained as long as they are professionally active in education research.
Records will be maintained and disposed of in accordance with the Department's Records Disposition
Schedules. These records are currently unscheduled. A records retention schedule will be developed
and submitted to the National Archives and Records Administration (NARA) for approval. No records
will be destroyed until a NARA-approved records retention schedule is in place.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Dr. Meredith Larson is the Program Officer for the IES Research Training Program Surveys,
and her address is Institute of Education Sciences, Department of Education, 555 New Jersey Avenue,
NW., Suite 618, Washington, DC 20208-5530.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager. Your request must meet the requirements of regulations in 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations in 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations in 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information maintained in this system of records is obtained from both the fellows and their
training programs. Fellows provide information on their individual characteristics, e-mail
addresses, views on the quality of the training program, and information on their dissertation,
papers, positions, and follow-on research. The training programs provide information on the programs
themselves and the fellows' status within the programs, initial student e-mail addresses at the
university (students then provide their preferred e-mail addresses), and information on student
dissertations and paper.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-26" toc="yes">
<systemNumber>18-13-26</systemNumber>
<subsection type="systemName">Institute of Education Sciences Principal Investigator/Application File and Associated
Records.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Office of the Deputy Director for Science, Institute of Education Sciences, U.S.
Department of Education, 555 New Jersey Avenue NW., room 606C, Washington, DC 20208-0001.
</p><p>(2) The Institute's contractor, SRA International, Inc., through its Center for Peer Review and
Science Management, Health and Civil Services Sector, 8490 Progress Drive, Suite 200, Frederick, MD
21701-4995.
</p><p>(3) Contractor servers at Savvis--DC3, 45845 Nokes Boulevard, Sterling, VA 20166-6574.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records about individuals who are principal investigators and who have
requested grant support, or received grant support, or both, from the Institute, either individually
or through an academic institution or other organization.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records covers a database and paper files containing personally identifying
information about these principal investigators, including their names, addresses, telephone
numbers, titles, institutional or organizational affiliations, employment histories, professional
experiences, academic credentials, current and pending support from other grant programs, research
applications submitted to Institute competitions and the peer reviews (summary statements) and peer
review scores associated with their applications.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The Institute's programs for funding research are authorized under the Education Sciences
Reform Act of 2002 (ESRA), 20 U.S.C. 9501 et seq.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system of records is to assist Institute staff, who manage the peer
review process, by systematically assembling and maintaining files that are necessary and
appropriate to the scientific peer review of grant applications submitted to the Institute. The
electronic database that is a part of this system of records will also enable applicants and
principal investigators who have requested grant support from the Institute to electronically access
the reviews and scores for their applications following the peer review of their applications for
scientific merit. (An applicant may be an academic institution or other organization that employs a
principal investigator and that is identified within the grant application as the applicant.) Access
to the information in the electronic database will be strictly controlled and granted on the basis
of proper identity authentication credentials to include, at a minimum, a user ID and password.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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, under a computer matching agreement.
</p><p>1. <i>Program Purposes.</i>
</p><p>(a) Disclosure to Applicants that are Academic Institutions or Other Organizations that Employ
Principal Investigators. Disclosure of information from the system may be provided to academic
institutions or other organizations that employ principal investigators and that have applied for,
or that have received grant support from, the Institute. Disclosure will permit them to access
information about the review process and award decisions for the applications that they submitted.
</p><p>(b) <i>Disclosure to Peer Reviewers.</i> Disclosure of information from the system may be
provided to peer reviewers for their opinions and evaluations of principal investigators'
applications as part of the Institute's scientific merit peer review process.
</p><p>2. <i>Contract Disclosure.</i> When 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. Before entering into such a
contract, the Department shall require the Contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 522a(m) with respect to the records in the system.
</p><p>3. <i>Enforcement Disclosure.</i> 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 statute, regulation, or order of 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.
</p><p>4. <i>Litigation and Alternative Dispute Resolution (ADR) Disclosures.</i>
</p><p>(a) <i>Introduction.</i> In the event that one of the parties listed below 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:
</p><p>(i) The Department, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has been requested to, or has agreed to, provide or arrange for representation for the
employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee; or
</p><p>(v) The United States, where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(b) <i>Disclosure to the DOJ.</i> 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.
</p><p>(c) <i>Adjudicative Disclosures.</i> If the Department determines that disclosure of certain
records to an adjudicative body before which the Department is authorized to appear, or to an
individual 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, individual, or entity.
</p><p>(d) <i>Parties, Counsel, Representatives, or Witnesses.</i> If the Department determines that
disclosure of certain 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.
</p><p>5. <i>Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.</i> The Department may
disclose records to the 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 the FOIA or the Privacy Act.
</p><p>6. <i>Disclosure to the DOJ.</i> 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.
</p><p>7. <i>Congressional Member Disclosure.</i> The Department may disclose an individual's records to
a member of Congress 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.
</p><p>8. <i>Disclosure in the Course of Responding to Breach of Data.</i> The Department may disclose
records from this system to appropriate agencies, entities, and persons when: (a) The Department
suspects or has confirmed that the security or confidentiality of information in the system of
records has been compromised; (b) the Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property interests, identity theft or
fraud, or harm to the security or integrity of this system or other systems or programs that rely
upon the compromised information (whether maintained by the Department or another agency or entity);
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
compromise and prevent, minimize, or remedy such harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Various portions of the system are maintained electronically, in paper files, or both. The
Department maintains records in this system both on paper and in compact disc, read-only-memory (CD
-ROM), and the contractor (SRA International, Inc.) maintains data for this system on
computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Paper and electronic records will be retrieved using principal investigators' names or grant
application numbers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The Department's paper and CD-ROM records are stored in locked metal filing cabinets
or in a secured room, with access limited to personnel whose duties require access. All physical
access to the Department's sites is controlled and monitored by security personnel who check each
individual entering the building for an employee or visitor badge.
</p><p>The computer system employed by the contractor offers a high degree of resistance to tampering
and circumvention. The system enforces assigned authorizations by controlling access based on the
individual's role in the project. Each individual's access is determined by the system administrator
in conjunction with the Institute and other administrative staff. These rights are re-assessed
periodically by the application administrator.
</p><p>The system has share-level and file-level security utilizing New Technology File System (NTFS),
which is built into the Windows 2008 operating system. The system administrator grants or denies
access to users or groups of users at the folder or file level. Several system groups are
established within the Windows server to permit fine-grained control of user access to project
folders. No other contractor users or groups of users will be given access to these folders or
files.
</p><p>The system's servers are located at the Savvis DC3 data center and are protected by Savvis'
procedures governing physical access to the servers. Access to sensitive areas is controlled by
means of key cards, ID badges, security guards, biometric hand scanners, man traps equipped with key
cards, key-locked equipment cages, and continuous video surveillance.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedule for Discretionary Grant File Records and Related Records (ED 254A.1).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Director for Science, Institute of Education Sciences, U.S. Department of Education,
555 New Jersey Avenue NW., room 600, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information will be provided voluntarily by individuals who are principal investigators and
who have requested and/or received grant support from the Institute either individually or through
an academic institution or other organization.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-27" toc="yes">
<systemNumber>18-13-27</systemNumber>
<subsection type="systemName">National Longitudinal Transitions Study--2012.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue NW., room
502D, Washington, DC 20208-0001.
</p><p>(2) Mathematica Policy Research, Inc., 600 Alexander Park, Princeton, NJ 08540-6346
(contractor).
</p><p>(3) Decision Information Resources, Inc., 2600 Southwest Freeway, Suite 900, Houston, TX 77098
-4610 (subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain records from 500 districts on approximately 15,000 students and
their parents, 15,000 teachers, and 2,000 principals.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records includes individually identifying information about the students who
agree to participate. This information includes name, birth date, and contact information;
demographic information such as race, ethnicity, gender, age, and educational background;
information on accommodations and services received; information on attendance and disciplinary
incidences; information on employment history and postsecondary institution attended; and scores on
reading and mathematics achievement tests. The system of records also includes students' school
transcripts. It is also our intention to include in this system of records students' Social Security
numbers (SSNs). In order to ensure that the information on the students' employment and earnings can
be obtained, the students' SSNs are needed because other methods (i.e., self-reporting) have proven
to be infeasible. This method will place a low burden on students and be of low cost to the Federal
government. The system of records will also include individually identifying information about the
parents and teachers of participating students, including name and contact information; demographic
information such as race and ethnicity; and teaching experience. The system of records will also
include the name and contact information of principals of participating students and information
that they provide about the school's programs, policies, and environment.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The study is authorized under Part D, Subpart 2, Section 664 of the Individuals with
Disability Education Act (IDEA), 20 U.S.C. 1464.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system will be used to describe
the characteristics of, receipt of services by, and outcomes of transition-age students. The study
will address the following research questions:
</p><p><i>Describe Transition-Age Students With an Individualized Education Plan (IEP)</i>
</p><p>What are the personal, family, and school characteristics of this group?
</p><p>What are their courses of study, services and accommodations received to support learning, and
preparation for transition? What barriers and challenges do they encounter?
</p><p>What are the key academic, social, and economic outcomes in school and after leaving school for
youth with disabilities?
</p><p>How do services received, courses of study, barriers, and outcomes vary for subgroups defined by
the nature of the student's disability, age, sex, race/ethnicity, or characteristics of the
student's school or community?
</p><p>How do academic, social, and economic outcomes for students with disabilities vary by their
course of study and receipt of services and accommodations, accounting for preexisting youth
characteristics?
</p><p><i>Compare Current Transition-Age Students With an IEP to Their Peers in Prior Cohorts</i>
</p><p>How do the receipt of services and accommodations and the outcomes of the current cohort of
special education students differ from those of previous cohorts of special education students?
</p><p><i>Compare Transition-Age Students With an IEP to Their Peers Who Do Not Have an IEP</i>
</p><p>What are the characteristics, school and transition experiences, and postsecondary outcomes of
students with a plan that provides accommodations under Section 504 of the Rehabilitation Act of
1973 (Section 504 Plan)?
</p><p>How do characteristics, courses of study, receipt of services and accommodations, and key
outcomes for transition-age students with an IEP differ from transition-age students with a Section
504 Plan and from transition-age students with no Section 504 Plan and no IEP?
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record in
this system of records under the routine uses listed in this system of records without the consent
of the individual if the disclosure is compatible with the purposes for which the record was
collected. These disclosures may be made on a case-by-case basis or, if the Department has complied
with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under
a computer matching agreement. Any disclosure of individually identifiable information from a record
in this system must also comply with the requirements of section 183 of the Education Sciences
Reform Act of 2002 (ESRA) (20 U.S.C. 9573) providing for confidentiality standards that apply to all
collections, reporting, and publication of data by IES.
</p><p>(1) <i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(2) <i>Federal Agency Disclosure.</i> The Department may disclose records from this system of
records to another Federal agency for the purposes of allowing that agency to provide assistance to
the Department with the evaluation of a federally supported education program. Under the
requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g and 34 CFR
part 99, the Department will enter into an interagency agreement with the other Federal agency
designating that agency as the Department's authorized representative before disclosing any
personally identifiable information from any students' education records to that Federal agency.
Under the terms of such an interagency agreement, the Federal agency will not be permitted to
redisclose any personally identifiable information obtained from students' education records, and
will be required to destroy any personally identifiable information from students' education records
when no longer needed for the purposes of the evaluation as well as to maintain safeguards to
protect the confidentiality of any personally identifiable information disclosed.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system notice.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Mathematica Policy
Research, Inc.) and sub-contractor (Decision Information Resources, Inc.) maintain data for this
system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual
that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the site 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. The contractor and subcontractor will establish a similar set of
procedures at its site to ensure confidentiality of data. The contractor's and subcontractor's
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
will be strictly controlled. All data will be kept in locked file cabinets during nonworking hours,
and work on hardcopy data will take place in a single room, except for data entry. Physical security
of electronic data will also be maintained. Security features that protect project data include:
password-protected accounts that authorize users to use the contractor's system but to access only
specific network directories and network software; user rights and directory and file attributes
that limit those who can use particular directories and files and determine how they can use them;
and additional security features that the network administrators will establish for projects as
needed. The contractor's and subcontractor's employees who "maintain" (collect,
maintain, use, or disseminate) data in this system shall comply with the requirements of the
confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules (ED/RDS, Part 3, Item 2b and Part 3, Item 5a).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey
Avenue NW., Room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on students, their parents, teachers, and principals
participating in the National Longitudinal Transitions Study 2012. Data will be obtained through
student records maintained by the school districts, assessments administered to students, and
surveys of students, their parents, teachers, and principals. Information on principals will be
obtained from publicly available information and information that they submit in response to surveys
about their schools' programs, policies, and environment
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-28" toc="yes">
<systemNumber>18-13-28</systemNumber>
<subsection type="systemName">National Title I Study of Implementation and Outcomes: Early Childhood Language Development.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p><p>(2) Mathematica Policy Research, Inc., 600 Alexander Park, Suite 100, Princeton, NJ 08540 (contractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain information on approximately 1,000 teachers, 5,000 students, and 5,000 parents from 100 Title I schools with prekindergarten programs in 11 school districts.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include personally identifying information about the sampled students in participating schools, including name; demographic information such as race, ethnicity, gender, and age; information on attendance; receipt of special education services; grade repetition; and scores on reading and language assessments. The system of records will also include personally identifying information about the parents of participating students, including names. The system of records will also include personally identifying information about the teachers participating in the evaluation, including name; demographic information, such as race, ethnicity, and gender; educational background; and teaching experience.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The evaluation is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563), and section 1501 of the Elementary and Secondary Education Act (ESEA), as reauthorized by the No Child Left Behind Act of 2001 (20 U.S.C. 6491). The grant programs that are the subject of this evaluation are authorized under sections 1111-1127 of Part A of Title I of the ESEA (20 U.S.C. 6311-6339).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system is used for the following purpose:
</p><p>To identify and describe school supports and instructional practices associated with improved language development, background knowledge, and comprehension outcomes for children in prekindergarten through third grade. The study will address the following research questions:
</p><p>(1) What practices do Title I schools use to support children's language development, background knowledge, and comprehension in prekindergarten through 3rd grade?
</p><p>(2) What classroom instructional practices do teachers in Title I schools use to support children's language development, background knowledge, and comprehension in prekindergarten through 3rd grade?
</p><p>(3) How do students' language skills, background knowledge, and comprehension develop in Title I schools between prekindergarten and 3rd grade?
</p><p>(4) What school supports and classroom practices are associated with children's development of language skills, background knowledge, and comprehension in prekindergarten through 3rd grade in Title I schools?
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected. These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement. Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collections, reporting, and publication of data by IES.
</p><p>(1) <i>Research Disclosure.</i> The Director of IES may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose of this system of records. The researcher shall be required to maintain safeguards with respect to such records under the Privacy Act and the ESRA. When personally identifiable information from a student's education record, which is protected pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, will be disclosed to the researcher, the researcher also must comply with the requirements in the applicable FERPA exception to consent.
</p><p>(2) <i>Contract Disclosure.</i> If the Department contracts with an entity to perform any function that requires disclosing records in this system to the contractor's employees, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department. Before entering into such a contract, the Department will require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Mathematica Policy Research, Inc.) maintains data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the sites of the Department's contractor, 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. The contractor will establish a similar set of procedures at its site to ensure confidentiality of data. The contractor is required to ensure that information identifying individuals is in files physically separated from other research data. The contractor will maintain security of the complete set of all master data files and documentation. Access to individually identifying data will be strictly controlled. All data will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry. Physical security of electronic data will also be maintained. Security features that protect project data include: Password-protected accounts that authorize users to use the contractor's systems but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed. The contractor's employees who "maintain" (collect, maintain, use, or disseminate) data in this system shall comply with the requirements of the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records Disposition Schedules ED 068.a (NARA Job Number: N1-441-08-18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records, contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must meet the requirements of the regulations at 34 CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on parents, teachers, and students participating in a study of early childhood language development in Title I schools. Data will be obtained from assessments administered to students and surveys of teachers.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-29" toc="yes">
<systemNumber>18-13-29</systemNumber>
<subsection type="systemName">Study of Teacher Preparation Experiences and Early Teacher Effectiveness. 
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1)  Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001.</p>
<p>(2)  Abt Associates, 55 Wheeler Street, Cambridge, MA 02138-1168 (contractor).</p>
<p>(3)  Education Analytics, 555 West Washington Avenue, Madison, WI 53703-2615 (subcontractor).</p>
<p>(4)  Westat, 1600 Research Boulevard, Rockville, MD 20850-3129 (subcontractor).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system will contain records on approximately 1,518,950 fourth through sixth grade students and 8,000 novice teachers from up to 50 school districts. </p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The system of records will include information about the students and teachers who participate in the study.  For students, this information will include, but will not necessarily be limited to, school name; student identification number; birth date; enrolled grade; demographic information such as race, ethnicity, and gender; and educational background information, including individualized education program status, primary disability code (if applicable), English language learner status, and English language proficiency level (if applicable); whether enrolled in the National School Lunch Program; and scores on reading and mathematics achievement tests.  For teachers, this information will include, but will not necessarily be limited to, name and contact information; teacher identification number; Social Security number; demographic information such as race and ethnicity; information on postsecondary institution attended and teaching preparation experiences; scores on postsecondary entrance exams. </p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563) and section 9601 of the Elementary and Secondary Education Act of 1965, as amended (ESEA)(20 U.S.C. 7941).</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information contained in the records maintained in this system will be used to conduct a rigorous study of the relationship between student learning outcomes and teachers’ preparation experiences.</p>
<p>     The study will address the following central research question:  What are the relationships between teacher preparation experiences and teacher effectiveness? </p>
<p>Secondary research questions for the study are:  </p>
<p>What are the relationships between teacher preparation experiences and teacher effectiveness with English learners?  Do relationships between teachers’ preparation experiences and teacher effectiveness differ depending on teachers’ assessments of the usefulness of the preparation experiences?  </p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>The Department may disclose information contained in a record in this system of records under the routine use listed here 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 (Privacy Act) (5 U.S.C. 552a), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of ESRA (20 U.S.C. 9573), which provides confidentiality standards that apply to all collection, reporting, and publication of data by IES.  In disclosing personally identifiable information from students’ education records, the Department must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99), which protects the privacy of students’ education records.</p>
<p>1.  Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records in this system to the contractor’s employees, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department.  Before entering into such a contract, the Department will require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system. </p>
<p>2.  Research Disclosure.  The Director of IES may license confidential information from this system of records to qualified external researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records.  The researcher must maintain, under the Privacy Act and section 183(c) of the ESRA, safeguards with respect to such records.  </p>
<p>Disclosure to consumer reporting agencies:</p>
<p>     None.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>     The Department maintains records on CD-ROM, and the contractor (Abt Associates Inc.) and sub-contractors (Education Analytics, Westat) maintain data for this system on computers and in hard copy.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>     Records in this system are indexed and retrieved by a unique number assigned to each individual that is cross-referenced by the individual’s name on a separate list.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>     All physical access to the Department’s site and to the sites of the Department’s contractor and subcontractors, 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.  </p>
<p>     The contractor and subcontractors have established a similar set of procedures at their sites to ensure confidentiality of data.  The contractor and subcontractors are required to ensure that print data identifying individuals are in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor and subcontractors maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data is strictly controlled.  At each site, all hardcopy data are kept in locked file cabinets during nonworking hours and work on hardcopy data takes place in a single room, except for data entry.</p>
<p>     Physical security of electronic data is also maintained.  Security features that protect project data include:  Password-protected accounts that authorize users to use the contractor’s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The Department’s, contractor’s, and subcontractors’ employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act, FERPA, and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of in accordance with the Department’s Records Disposition Schedules (GRS 23, Item 8).</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001. </p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>     If you wish to determine whether a record exists regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>     If you wish to gain access to a record about you in this system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request for access to a record must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>     This system will contain records on teachers, and students participating in a study of teaching preparation experiences and teacher effectiveness.  Data will be obtained through human resource and student records maintained by the school districts and surveys of teachers.   </p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>None.</p>
</xhtmlContent></subsection></section>
<section id="ed18-13-30" toc="yes">
<systemNumber>18-13-30</systemNumber>
<subsection type="systemName">Evaluation of Response to Intervention Practices for Elementary School Reading.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES),
U.S. Department of Education (Department), 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p><p>(2) MDRC, 19th Floor, 16 E. 34th Street, New York, NY 10016-4326 (contractor).
</p><p>(3) Survey Research Management, 4909 Nautilus Court North, Suite 220, Boulder, CO 80301-3692 (subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain records on approximately 31,076 students in first through third grade, 1,460 teachers, and 1,606 reading
interventionists in 146 elementary schools in 13 states.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include personally identifying information about students in elementary schools that have agreed to
participate in the evaluation. This information will include: Name; birth date; demographic information such as race, ethnicity,
gender, age, and eligibility for free or reduced price lunches; English Learner status; grade level; receipt of reading instruction
and interventions; special education status and disability category; and scores on reading achievement tests. In addition, the system
will include personally identifying information about reading teachers and reading interventionists within participating elementary
schools, including names, educational attainment, teaching experience, training, and instructional practices.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>This evaluation is authorized under Section 664 of Part D of the Individuals with Disabilities Education Act, 20 U.S.C. 1464
(IDEA).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system will be used for statistical purposes to evaluate the
implementation and effectiveness of Response to Intervention practices and related coordinated early intervening services authorized
under the IDEA. This information will also help school districts and school administrators design and implement more effective
Response to Intervention programs. The central research questions that the study will address are:
</p><p>(1) What is the average impact on academic achievement of providing intensive secondary reading interventions to elementary school
children who have been identified as at risk for reading difficulties compared with children just above the cutoff point for
providing intervention?
</p><p>(2) How do academic outcomes, including reading achievement and special education identification, vary with elementary schools'
adoption of Response to Intervention practices for early grade reading?
</p><p>(3) How do Response to Intervention practices for early grade reading vary across elementary schools, and how are they related to
academic outcomes?
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>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, 5 U.S.C. 552a (Privacy Act), under a computer matching agreement. Any disclosure
of individually identifiable information from a record in this system must comply with the requirements of section 183 of the
Education Sciences Reform Act, 20 U.S.C. 9573 (ESRA), which provides confidentiality standards that apply to all collection,
reporting, and publication of data by IES.
</p><p>(1) <i>Research Disclosure.</i> The Director of IES may license de-identified confidential information from this system of
records to qualified external researchers solely for the purpose of carrying out specific research that is compatible with the
purpose of this system of records. The researcher shall be required to maintain safeguards with respect to such records under the
Privacy Act and the ESRA. The researcher shall be required to maintain the confidentiality of the licensed data and use it only for
statistical purposes. All licensing will be accomplished pursuant to the National Center for Education Statistics Licensing Program,
described in the following Web site: <i>http://nces.ed.gov/statprog/instruct.asp.</i> When personally identifiable information
from a student's education records will be disclosed to the researcher under the Family Educational Rights and Privacy Act, 20 U.S.C.
1232g (FERPA), the researcher also shall be required to comply with the requirements in the applicable FERPA exception to consent,
such as a written agreement between the researcher and IES pursuant to the written agreement requirements under FERPA.
</p><p>(2) <i>Contract Disclosure.</i> If the Department contracts with an entity to perform any function that requires disclosure
of records in this system to the contractor's employees, the Department may disclose the records to those employees who have received
the appropriate level of security clearance from the Department. Before entering into such a contract, the Department will require
the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records
in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (MDRC) and subcontractor (Survey Research Management)
maintain data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual that is cross-referenced by the
individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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. The contractor and
subcontractor will establish a similar set of procedures at their sites to ensure confidentiality of data. The contractor and
subcontractor 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 will be strictly controlled. All data will be kept in locked file cabinets during nonworking hours,
and work on hardcopy data will take place in a single room, except for data entry.
</p><p>Physical security of electronic data will also be maintained. Security features that protect project data include: password-
protected accounts that authorize users to use the contractor's and subcontractor's systems but to access only specific network
directories and network software; user rights and directory and file attributes that limit those who can use particular directories
and files and determine how they can use them; and additional security features that the network administrators will establish for
projects as needed. The Department's, contractor's, and subcontractor's employees who "maintain" (collect, maintain, use,
or disseminate) data in this system shall comply with the requirements of the Privacy Act and the confidentiality standards in
section 183 of the ESRA, which provides criminal penalties for violations.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are covered by a draft records schedule under development, ED 231 Research and Statistics Records. This schedule
shall be submitted to NARA for review and approval when complete. Until such time as it is approved by NARA, no records shall be
destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of
Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you or your child in the system of records, contact the system manager
at the address listed under
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Your request must meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your or your child's record in the system of records, contact the system manager at the address
listed under SYSTEM MANAGER AND ADDRESS. Your request must meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you or your child in the system of records, contact the system manager at
the address listed under SYSTEM MANAGER AND ADDRESS. Your request must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.7, including proof of identity, specification of the particular record you are seeking to have changed, and
the written justification for making such a change.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system will contain records on students, teachers, and reading interventionists participating in the Evaluation of Response
to Intervention Practices for Elementary School Reading. Data will be obtained through student records maintained by the school
districts, assessments administered to students, and surveys of teachers and reading interventionists.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-31" toc="yes">
<systemNumber>18-13-31</systemNumber>
<subsection type="systemName">Evaluation of the Pell Grants Experiments Under the Experimental Sites Initiative--2012.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue NW., room
502D, Washington, DC 20208-0001.
</p><p>(2) Social Policy Research Associates, 1330 Broadway, Suite 1426, Oakland, CA 94612-2513
(contractor).
</p><p>(3) Mathematica Policy Research, Inc., 600 Alexander Park, Princeton, NJ 08540-6346
(subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain records on approximately 10,800 students from approximately 51
institutions of higher education.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records includes individually identifying information about the students who agree
to participate in the study. This information includes name, birth date, and contact information;
demographic information such as race, ethnicity, gender, age, and educational background; the type
of program in which the student is enrolled, the student's progress through the program (credits
earned) including completion; methods used to pay for the education and training, including
financial aid received and amount of student debt incurred; receipt of support services; and
information on employment and earnings.
</p><p>It is also our intention to include students' Social Security Numbers (SSNs) to obtain
information on their financial aid and their employment and earnings; we expect to obtain the
students' employment and earnings data from the administrative records of another Federal agency.
Other methods for obtaining the information (i.e., self-reporting) have proven to be infeasible and
unreliable. SSNs are necessary to obtain the needed employment and earnings data, and this method
will place a low burden on students and will not be costly to the Federal government.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The study is authorized by section 487A(b)(2) of the Higher Education Act of 1965 (HEA), 20
U.S.C. 1094a(b)(2), which requires the Secretary of Education to review and evaluate the experiences
of institutions that participate as experimental sites and to submit a biennial report based on the
review and evaluation to the Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and Labor of the House of Representatives. The study is also authorized
by section 173(a)(1)(A) of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9563(a)(1)
(A)), which authorizes the National Center for Education Evaluation and Regional Assistance to
conduct evaluations of Federal education programs administered by the Secretary and to determine the
impact of such programs.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system will support an evaluation of
the impacts of two different experimental expansions to the Pell Grant eligibility criteria. The
first experiment expands eligibility for Pell Grants to income-eligible students who already possess
a bachelor's degree and who enroll in occupational training, while the second experiment expands
eligibility for Pell Grants to students who enroll in occupational programs that have a shorter
duration than allowable under current rules. Both experiments are being implemented under the
Experimental Sites Initiative (ESI), authorized by section 487A(b) of the HEA. The study will
compare students with expanded access to Pell Grants to similar students who will not have access in
order to assess the effects of expanded Pell Grant access on educational attainment, employment, and
earnings. The study will address the following research questions:
</p><p><i>1. What is the impact of expanding Pell Grant eligibility on employment and
earnings?</i> The ultimate goal of the study is to determine if providing Pell Grants for those with
a bachelor's degree and for relatively short-term job training affects participants' job prospects
and income levels.
</p><p><i>2. Does it improve access to occupational training?</i> Understanding whether the
experiments made a difference in training enrollments will help in interpreting the presence or lack
of earnings impacts.
</p><p><i>3. How does it affect financial aid receipt and student debt?</i> With student debt
loads being an increasing public policy concern, expansions in Pell Grant eligibility are intended
to reduce reliance on loans that may carry high interest levels. The study will examine the impacts
of the experiments on the types and amounts of financial aid students receive and on their
expenditures for education and training.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record in this
system of records under the routine uses listed in this system of records without the consent of the
individual if the disclosure is compatible with the purposes for which the record was collected.
These disclosures may be made on a case-by-case basis or, if the Department has complied with the
computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under a
computer matching agreement. Any disclosure of individually identifiable information from a record
in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573)
providing for confidentiality standards that apply to all collections, reporting, and publication of
data by IES.
</p><p>(1) <i>Contract Disclosure.</i> 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. Before entering into
such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as
required under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(2) <i>Federal Agency Disclosure.</i> The Department may disclose records from this system
of records to another Federal agency for the purposes of allowing that agency to provide assistance
to the Department with the evaluation of a federally supported education program. Under the
requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g and 34 CFR
part 99, the Department will enter into an interagency agreement with the other Federal agency
designating that agency as the Department's authorized representative before disclosing any
personally identifiable information from any students' education records to that Federal agency.
Under the terms of such an interagency agreement, the Federal agency will not be permitted to
redisclose any personally identifiable information obtained from students' education records, and
will be required to destroy any personally identifiable information from students' education records
when no longer needed for the purposes of the evaluation as well as to maintain safeguards to
protect the confidentiality of any personally identifiable information disclosed.
</p><p>(3) <i>Research Disclosure.</i> The Director of the Institute of Education Sciences may
disclose information from this system of records to qualified researchers solely for the purpose of
carrying out specific research that is compatible with the purpose(s) of this system of records. The
researcher shall be required to maintain safeguards under the Privacy Act of 1974 and section 183 of
the ESRA (20 U.S.C. 9573(c)) with respect to such records. When personally identifiable information
from a student's education record will be disclosed to the researcher under FERPA, the researcher
also shall be required to comply with the requirements in the applicable FERPA exception to consent.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Social Policy Research
Associates) and sub-contractor (Mathematica Policy Research, Inc.) maintain data for this system on
computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual that is
cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the site 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. The contractor and subcontractor will establish a similar set of procedures at
its site to ensure confidentiality of data. The contractor's and subcontractor's 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 will be strictly
controlled. All data will be kept in locked file cabinets during nonworking hours, and work on
hardcopy data will take place in a single room, except for data entry. Physical security of
electronic data will also be maintained. Security features that protect project data include:
Password-protected accounts that authorize users to use the contractor's system but to access only
specific network directories and network software; user rights and directory and file attributes
that limit those who can use particular directories and files and determine how they can use them;
and additional security features that the network administrators will establish for projects as
needed. The contractor's and subcontractor's employees who "maintain" (collect,
maintain, use, or disseminate) data in this system shall comply with the requirements of the
confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records Disposition
Schedule 068 (NARA Disposition Authority N1-441-08-18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey
Avenue NW., room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records, contact
the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system manager.
Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records, contact
the system manager. Your request must meet the requirements of the regulations at 34 CFR 5b.7,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on students participating in the Evaluation of the Pell Grant
Experiments Under the Experimental Sites Initiative. Data will be obtained through student records
maintained by participating institutions, a survey of students, data extracts from Free Applications
for Federal Student Aid, and from the administrative records of another Federal agency with data on
the students' earnings and employment outcomes.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-32" toc="yes">
<systemNumber>18-13-32</systemNumber>
<subsection type="systemName">Evaluation of the Pell Grants Experiments Under the Experimental Sites Initiative--
2012.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue NW., room
502D, Washington, DC 20208-0001.
</p><p>(2) Social Policy Research Associates, 1330 Broadway, Suite 1426, Oakland, CA 94612-2513
(contractor).
</p><p>(3) Mathematica Policy Research, Inc., 600 Alexander Park, Princeton, NJ 08540-6346
(subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain records on approximately 10,800 students from approximately 51
institutions of higher education.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records includes individually identifying information about the students who
agree to participate in the study. This information includes name, birth date, and contact
information; demographic information such as race, ethnicity, gender, age, and educational
background; the type of program in which the student is enrolled, the student's progress through the
program (credits earned) including completion; methods used to pay for the education and training,
including financial aid received and amount of student debt incurred; receipt of support services;
and information on employment and earnings.
</p><p>It is also our intention to include students' Social Security Numbers (SSNs) to obtain
information on their financial aid and their employment and earnings; we expect to obtain the
students' employment and earnings data from the administrative records of another Federal agency.
Other methods for obtaining the information (i.e., self-reporting) have proven to be infeasible and
unreliable. SSNs are necessary to obtain the needed employment and earnings data, and this method
will place a low burden on students and will not be costly to the Federal government.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The study is authorized by section 487A(b)(2) of the Higher Education Act of 1965 (HEA), 20
U.S.C. 1094a(b)(2), which requires the Secretary of Education to review and evaluate the experiences
of institutions that participate as experimental sites and to submit a biennial report based on the
review and evaluation to the Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and Labor of the House of Representatives. The study is also authorized
by section 173(a)(1)(A) of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9563(a)(1)
(A)), which authorizes the National Center for Education Evaluation and Regional Assistance to
conduct evaluations of Federal education programs administered by the Secretary and to determine the
impact of such programs.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system will support an
evaluation of the impacts of two different experimental expansions to the Pell Grant eligibility
criteria. The first experiment expands eligibility for Pell Grants to income-eligible students who
already possess a bachelor's degree and who enroll in occupational training, while the second
experiment expands eligibility for Pell Grants to students who enroll in occupational programs that
have a shorter duration than allowable under current rules. Both experiments are being implemented
under the Experimental Sites Initiative (ESI), authorized by section 487A(b) of the HEA. The study
will compare students with expanded access to Pell Grants to similar students who will not have
access in order to assess the effects of expanded Pell Grant access on educational attainment,
employment, and earnings. The study will address the following research questions:
</p><p><i>1. What is the impact of expanding Pell Grant eligibility on employment and earnings?</i> The
ultimate goal of the study is to determine if providing Pell Grants for those with a bachelor's
degree and for relatively short-term job training affects participants' job prospects and income
levels.
</p><p><i>2. Does it improve access to occupational training?</i> Understanding whether the experiments
made a difference in training enrollments will help in interpreting the presence or lack of earnings
impacts.
</p><p><i>3. How does it affect financial aid receipt and student debt?</i> With student debt loads
being an increasing public policy concern, expansions in Pell Grant eligibility are intended to
reduce reliance on loans that may carry high interest levels. The study will examine the impacts of
the experiments on the types and amounts of financial aid students receive and on their expenditures
for education and training.
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record in
this system of records under the routine uses listed in this system of records without the consent
of the individual if the disclosure is compatible with the purposes for which the record was
collected. These disclosures may be made on a case-by-case basis or, if the Department has complied
with the computer matching requirements of the Privacy Act of 1974, as amended (Privacy Act), under
a computer matching agreement. Any disclosure of individually identifiable information from a record
in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573)
providing for confidentiality standards that apply to all collections, reporting, and publication of
data by IES.
</p><p>(1) <i>Contract Disclosure.</i> 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(2) <i>Federal Agency Disclosure.</i> The Department may disclose records from this system of
records to another Federal agency for the purposes of allowing that agency to provide assistance to
the Department with the evaluation of a federally supported education program. Under the
requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g and 34 CFR
part 99, the Department will enter into an interagency agreement with the other Federal agency
designating that agency as the Department's authorized representative before disclosing any
personally identifiable information from any students' education records to that Federal agency.
Under the terms of such an interagency agreement, the Federal agency will not be permitted to
redisclose any personally identifiable information obtained from students' education records, and
will be required to destroy any personally identifiable information from students' education records
when no longer needed for the purposes of the evaluation as well as to maintain safeguards to
protect the confidentiality of any personally identifiable information disclosed.
</p><p>(3) <i>Research Disclosure.</i> The Director of the Institute of Education Sciences may disclose
information from this system of records to qualified researchers solely for the purpose of carrying
out specific research that is compatible with the purpose(s) of this system of records. The
researcher shall be required to maintain safeguards under the Privacy Act of 1974 and section 183 of
the ESRA (20 U.S.C. 9573(c)) with respect to such records. When personally identifiable information
from a student's education record will be disclosed to the researcher under FERPA, the researcher
also shall be required to comply with the requirements in the applicable FERPA exception to consent.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Social Policy Research
Associates) and sub-contractor (Mathematica Policy Research, Inc.) maintain data for this system on
computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual
that is cross-referenced by the individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the site 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. The contractor and subcontractor will establish a similar set of
procedures at its site to ensure confidentiality of data. The contractor's and subcontractor's
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
will be strictly controlled. All data will be kept in locked file cabinets during nonworking hours,
and work on hardcopy data will take place in a single room, except for data entry. Physical security
of electronic data will also be maintained. Security features that protect project data include:
Password-protected accounts that authorize users to use the contractor's system but to access only
specific network directories and network software; user rights and directory and file attributes
that limit those who can use particular directories and files and determine how they can use them;
and additional security features that the network administrators will establish for projects as
needed. The contractor's and subcontractor's employees who "maintain" (collect,
maintain, use, or disseminate) data in this system shall comply with the requirements of the
confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedule 068 (NARA Disposition Authority N1-441-08-18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey
Avenue NW., room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the systems manager. Your request must meet the requirements of regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system
manager. Your request must meet the requirements of regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records,
contact the system manager. Your request must meet the requirements of the regulations at 34 CFR
5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on students participating in the Evaluation of the Pell Grant
Experiments Under the Experimental Sites Initiative. Data will be obtained through student records
maintained by participating institutions, a survey of students, data extracts from Free Applications
for Federal Student Aid, and from the administrative records of another Federal agency with data on
the students' earnings and employment outcomes.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-32" toc="yes">
<systemNumber>18-13-32</systemNumber>
<subsection type="systemName">Impact Evaluation of Race to the Top and School Improvement Grants.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance,
Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue NW., Room
502D, Washington, DC 20208-0001.
</p><p>(2) Mathematica Policy Research, 600 Alexander Park, Suite 100, Princeton, NJ 08540 (contractor).
</p><p>(3) The American Institutes for Research, 1000 Thomas Jefferson St. NW., Washington, DC 20007
(subcontractor).
</p><p>(4) Social Policy Research Associates, 1330 Broadway, Suite 1426, Oakland, CA 94612
(subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain records on students in tested grades from approximately 61 school
districts in 21 states and the District of Columbia.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include information about the students who are included in the
study. This student-level information will include, but will not necessarily be limited to, student
IDs; the names and IDs of the school and school district that the student attends; year of birth;
demographic information such as race, ethnicity, gender, and educational background (grade level,
free and reduced-price lunch status, English language learner status, and special education status);
whether the student graduated from high school and enrolled in college; and assessment information
and scores on reading and mathematics state assessments.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The study is authorized under the Education Sciences Reform Act of 2002, Part D, Section
171(b)(2) (20 U.S.C. 9561(b)(2)), which authorizes the IES to "conduct evaluations of Federal
education programs administered by the Secretary (and as time and resources allow, other education
programs) to determine the impact of such programs (especially on student academic achievement in
the core academic areas of reading, mathematics, and science)."
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system will be used to conduct
an implementation and impact evaluation of two of the Department's grant programs: Race to the Top
and Title I School Improvement Grants.
</p><p>The study will address the following four research questions: (1) How are Race to the Top and
School Improvement Grants implemented at the State, district, and school levels? (2) Are Race to the
Top reforms related to improvement in student outcomes? (3) Does receipt of School Improvement
Grants funding to implement a school turnaround model affect outcomes for low-performing schools?
(4) Is the implementation of school turnaround models, and strategies within those models, related
to improvement in student outcomes?
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 case-by-case disclosures or, if the Department has complied with the computer matching
requirements of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a), under a computer
matching agreement. Any disclosure of individually identifying information from a record in this
system must also comply with the requirements of section 183 of the Education Sciences Reform Act
(ESRA) (20 U.S.C. 9573), which provides confidentiality standards that apply to all collection,
reporting, and publication of data by IES.
</p><p>(1) <i>Research Disclosure.</i> The Director of IES may disclose information from this system of
records to qualified researchers solely for the purpose of carrying out specific research that is
compatible with the purpose of this system of records. The researcher shall be required to maintain
under the Privacy Act and the ESRA safeguards with respect to such records. When individually
identifying information from a student's education record will be disclosed to the researcher under
the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g (FERPA), the researcher also shall be
required to comply with the requirements of a written agreement between the researcher and IES
pursuant to the written agreement requirements under FERPA.
</p><p>(2) <i>Contract Disclosure.</i> If the Department contracts with an entity to perform any
function that requires disclosing records in this system to the contractor's employees, the
Department may disclose the records to those employees who have received the appropriate level of
security clearance from the Department. Before entering into such a contract, the Department will
require the contractor to establish and maintain the safeguards required under the Privacy Act (5
U.S.C. 552a(m)) with respect to the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (Mathematica Policy
Research) and subcontractors (The American Institutes for Research and Social Policy Research
Associates) maintain data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a unique random number assigned to each
individual that is cross-referenced by the individual's unique State- or district-assigned student
ID on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the sites of the Department's contractor
and subcontractors, 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.
</p><p>The contractor and subcontractors will establish a similar set of procedures at their sites to
ensure confidentiality of data. The contractor and subcontractors are required to ensure that print
data identifying individuals are in files physically separated from other research data and
electronic files identifying individuals are separated from other electronic research data files.
The contractor and subcontractors will maintain security of the complete set of all master data
files and documentation. Access to individually identifying data will be strictly controlled. At
each site, all print data will be kept in locked file cabinets during nonworking hours and work on
hardcopy data will take place in a single room, except for data entry.
</p><p>Physical security of electronic data will also be maintained. Security features that protect
project data include: Password-protected accounts that authorize users to use the contractor's
system but to access only specific network directories and network software; user rights and
directory and file attributes that limit those who can use particular directories and files and
determine how they can use them; and additional security features that the network administrators
will establish for projects as needed. The Department's, contractor's, and subcontractors' employees
who "maintain" (collect, maintain, use, or disseminate) data in this system must comply
with the requirements of the Privacy Act and the confidentiality standards in section 183 of the
ESRA.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records
Disposition Schedules ED 068.a (NARA Job Number: N1-441-08-18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and
Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey
Avenue NW., Room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records,
contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS. Your request must
meet the requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record about you in this system of records, contact the
system manager at the address listed under SYSTEM MANAGER AND ADDRESS. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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 under SYSTEM MANAGER AND ADDRESS. Your request for
access to a record must meet the requirements of the Department's Privacy Act regulations at 34 CFR
5b.7, including proof of identity, specification of the particular record you are seeking to have
changed, and the written justification for making such a change.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system will contain records on students included in the Impact Evaluation of Race to
the Top and School Improvement Grants. Data will be obtained through student records maintained by
states or school districts.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-34" toc="yes">
<systemNumber>18-13-34</systemNumber>
<subsection type="systemName">The FAFSA Completion Study.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES),
U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p><p>(2) Decision Information Resources, Inc., 2600 Southwest Freeway, Suite 900, Houston, Texas 77098-[Insert the last four digits
of ZIP code] (contractor).
</p><p>(3) Abt Associates, 4550 Montgomery Avenue, Suite 800 North, Bethesda, MD 20814-3343 (subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system will contain records on approximately 180,000 students from 80 school districts.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records includes student directory information, as described in 34 CFR 99.3, 99.31(a)(11), and 99.37, obtained from
school districts that agree to participate in the study. For the participating school districts, the student directory information on
those students who have not opted out of the disclosure of their directory information includes the student's name, birth date, and zip
code. This system of records also includes information on the student's FAFSA completion status and the resulting financial aid
received by the student, which is obtained from the Department's Office of Federal Student Aid.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The study is authorized by section 173(a)(1)(A) of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9563(a)(1)(A)), which
authorizes the National Center for Education Evaluation and Regional Assistance to conduct evaluations of Federal education programs
administered by the Secretary and to determine the impact of such programs.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in the records maintained in this system will support an evaluation of the impacts of the Department's
providing school districts with access to data on individual students' Free Application for Student Aid (FAFSA). Districts and their
schools are expected to implement targeted outreach to seniors and their families who have not completed the FAFSA. The study will
compare students from schools with access to students' FAFSA completion data to students from similar schools without access to the
students' FAFSA completion data in order to assess the effects of access to FAFSA completion data on FAFSA completion rates, Federal
financial aid receipt, and college enrollment. The study will address the following research questions:
</p><p>1. What is the impact of school access to the completion data on students' applications for Federal student aid? With completion of
a FAFSA a necessary prerequisite for obtaining federal student aid, the most direct goal of the project is to increase rates of FAFSA
form completions; the evaluation will examine whether this is the case.
</p><p>2. What is the impact on students' receipt of Federal student aid? Receipt of financial aid is the key gateway to college
enrollment. In addition, it is possible that school's project efforts could increase not only FAFSA application completion rates but
also the accuracy and quality of the information provided, thereby making students more likely to receive aid.
</p><p>3. What is the impact on college enrollment? Ultimately, the Department hopes that providing schools with access to individual
student FAFSA data will--through increased receipt of financial aid--also increase college enrollment.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in a record in this system of records under the routine uses listed in this system
of records without the consent of the individual if the disclosure is compatible with the purposes for which the record was collected.
These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the
Privacy Act of 1974, as amended (Privacy Act), under a computer matching agreement. Any disclosure of individually identifiable
information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing
for confidentiality standards that apply to all collections, reporting, and publication of data by IES.
</p><p>(1) <i>Contract Disclosure.</i> 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. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as
required under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(2) <i>Research Disclosure.</i> The Director of the Institute of Education Sciences may disclose information from this system
of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of
this system of records. The researcher shall be required to maintain safeguards under the Privacy Act and section 183 of the ESRA (20
U.S.C. 9573(c)) with respect to such records. When personally identifiable information from a student's education record, other than
directory information, will be disclosed to the researcher under the Family Educational Rights and Privacy Act (FERPA), the researcher
also shall be required to comply with the requirements in the applicable FERPA exception to consent.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and should IES' technical support contractor (Decision Information Resources,
Inc.) and sub-contractor (Mathematica Policy Research, Inc.) be asked to provide assistance, they will maintain data for this system on
computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a number assigned to each individual that is cross-referenced by the
individual's name on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All physical access to the Department's site and to the sites of the Department's contractor and subcontractor, where this system of
records may be 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. The contractor and
subcontractor, should they be asked to provide technical support, will establish a similar set of procedures at their sites to ensure
confidentiality of data. The contractor's and subcontractor's 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 will be strictly controlled. All data will be kept
in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.
Physical security of electronic data will also be maintained. Security features that protect project data include: Password-protected
accounts that authorize users to use the contractor's system but to access only specific network directories and network software; user
rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use
them; and additional security features that the network administrators will establish for projects as needed. The contractor's and
subcontractor's employees who "maintain" (collect, maintain, use, or disseminate) data in this system shall comply with the
requirements of the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records Disposition Schedule ED 068.a (NARA Disposition
Authority N1-441-08-18).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of
Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records, contact the systems manager. Your request
must meet the requirements of regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to your record in the system of records, contact the system manager. Your request must meet the
requirements of regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager. Your request must
meet the requirements of the regulations at 34 CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system contains records on students participating in the FAFSA Completion Study. Data will be obtained through student
directory information maintained by participating school districts and data extracts from the Office of Federal Student Aid.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-35" toc="yes">
<systemNumber>18-13-35</systemNumber>
<subsection type="systemName">Impact Evaluation of Math Professional Development.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>(1) Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES),
U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p><p>(2) The American Institutes for Research, 1000 Thomas Jefferson St. NW., Washington, DC 20007 (contractor).
</p><p>(3) Harvard University, 1350 Massachusetts Ave., Cambridge, MA 02138 (subcontractor).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system of records will contain records on approximately 200 fourth-grade teachers and their students in 6 school districts.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system of records will include information about the teachers and students who are included in the study. The teacher-level
information will include, but will not necessarily be limited to: Teacher IDs; names and IDs of the school and school district in
which the teacher teaches; demographic information such as race, ethnicity, gender, and educational background (teaching experience,
prior math coursework, college major, highest degree, professional development activities, and teacher certification status); and
scores on a teacher knowledge test and classroom observation measure. The student-level information will include, but will not
necessarily be limited to: Student IDs; the IDs of the student's teacher; month and year of birth; demographic information such as
race, ethnicity, gender, and educational background (attendance level, grade level, free and reduced-price lunch status, English
language learner status, and special education status); and assessment information and scores on mathematics State assessments and a
computer-adaptive mathematics test.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The study is authorized under the Education Sciences Reform Act of 2002, Part D, Section 171(b)(2) (20 U.S.C. 9561(b)(2)), which
authorizes the IES to "conduct evaluations of Federal education programs administered by the Secretary (and as time and
resources allow, other education programs) to determine the impact of such programs (especially on student academic achievement in
the core academic areas of reading, mathematics, and science)."
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system of records will be used to conduct an impact evaluation of an intensive, content-focused
math professional development (PD) program on teacher knowledge, teacher practices, and student achievement.
</p><p>The study will address the following two research questions: (1) What is the average impact of providing teachers with a
specialized professional development intervention relative to "business-as-usual" professional development on (a)
teachers' content knowledge, (b) teachers' classroom practices, and (c) student achievement? (2) How is the professional development
intervention implemented? What challenges were encountered during the process of implementing the intervention?
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department may disclose information contained in this system of records under the routine uses listed here 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 case-by-case disclosures or, if the Department has complied with the computer matching requirements of the Privacy Act of
1974, as amended (Privacy Act) (5 U.S.C. 552a), under a computer matching agreement. Any disclosure of individually identifiable
information from a record in this system must also comply with the requirements of section 183 of the Education Sciences Reform Act
(ESRA) (20 U.S.C. 9573), which provides confidentiality standards that apply to all collection, reporting, and publication of data
by IES.
</p><p>(1) <i>Research Disclosure.</i> The Director of IES may license confidential information from this system of records to
qualified external researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of
this system of records. The researcher must maintain, under the Privacy Act and the ESRA, safeguards with respect to such records.
When personally identifiable information from a student's education record will be disclosed to the researcher, under the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g), the researcher must comply with the requirements in the applicable
FERPA exception to consent.
</p><p>(2) <i>Contract Disclosure.</i> If the Department contracts with an entity to perform any function that requires
disclosing records in this system to the contractor's employees, the Department may disclose the records to those employees who have
received the appropriate level of security clearance from the Department. Before entering into such a contract, the Department will
require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to
the records in the system.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The Department maintains records on CD-ROM, and the contractor (American Institutes for Research) and subcontractor
(Harvard University) maintain data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in this system are indexed and retrieved by a unique random number assigned to each individual that is cross-referenced
by the individual's unique State- or district-assigned teacher or student ID on a separate list.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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.
</p><p>The contractor and subcontractor will establish a similar set of procedures at their sites to ensure confidentiality of data. The
contractor and subcontractor are required to ensure that print data identifying individuals are in files physically separated from
other research data and that electronic files identifying individuals are separated from other electronic research data files. The
contractor and subcontractor will maintain security of the complete set of all master data files and documentation. Access to
individually identifying data will be strictly controlled. At each site, all print data will be kept in locked file cabinets during
non-working hours and work on hardcopy data will take place in a single room, except for data entry.
</p><p>Physical security of electronic data will also be maintained. Security features that protect project data include: Password-
protected accounts that authorize users to use the contractor's system but to access only specific network directories and network
software; user rights and directory and file attributes that limit those who can use particular directories and files and determine
how they can use them; and additional security features that the network administrators will establish for projects as needed. The
Department's, contractor's, and subcontractor's employees who "maintain" (collect, maintain, use, or disseminate) data
in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20
U.S.C. 9573).
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are covered by a draft records schedule under development, ED 231 Research and Statistics Records. This schedule
shall be submitted to the National Archives and Records Administration for review and approval when complete. Until such time as it
is approved by NARA, no records shall be destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of
Education Sciences, U.S. Department of Education, 555 New Jersey Avenue NW., Room 502D, Washington, DC 20208-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records, contact the system manager at the
address listed under <b>SYSTEM MANAGER AND ADDRESS</b>. Your request must meet the requirements of the Department's Privacy
Act regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>If you wish to gain access to a record about you in this system of records, contact the system manager at the address listed
under <b>SYSTEM MANAGER AND ADDRESS</b>. Your request must meet the requirements of the Department's Privacy Act regulations
at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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 under <b>SYSTEM MANAGER AND ADDRESS</b>. In addition, you must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.7, including, specification of the particular record you are seeking to have changed, and the written
justification for making such a change.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This system will contain records on teachers and students included in the Impact Evaluation of Math Professional Development.
Data will be obtained through study data collection from teachers and students, as well as administrative records maintained by
school districts.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-36" toc="yes">
<systemNumber>18-13-36</systemNumber><subsection type="systemName">Study of Enhanced College Advising in Upward Bound.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1)  Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001.</p>
<p>(2)  Abt Associates, 55 Wheeler Street, Cambridge, Massachusetts 02138-1168 (contractor).</p>
<p>(3)  Decision Information Resources, Inc., 2600 Southwest Freeway, Suite 900, Houston, Texas 77098–4610 (subcontractor).</p>
<p>(4) Survey Research Management, 5777 Central Ave., Suite 225 Boulder, Colorado 80301-2853 (subcontractor).</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system of records will contain records on approximately 136,000 Upward Bound students and 200 Upward Bound project staff.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The system of records will include information about the 200 project staff and 6,000 students who are participating in the study, as well as a group of students who previously participated in Upward Bound (high school juniors in school years 2005-2006 through 2010-2011) and for whom information was collected and is maintained through the Department’s annual performance reporting process.  The project staff-level information will include, but will not necessarily be limited to:  names; educational background (college major, highest degree, and professional development activities); and college advising activities.  The student-level information will include, but will not necessarily be limited to:  student names; student SSNs; dates of birth; demographic information such as race, ethnicity, and gender; college entrance exam scores; educational experiences (GPA, AP/IB course-taking); and college application and enrollment plans and behavior, including application and receipt of financial aid. </p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>The Study of Enhanced College Advising in Upward Bound is authorized under section 403(h) of the 2008 Higher Education Opportunity Act (HEOA), Pub. L. 110-315 (20 U.S.C. 1070a-18), which requires the Department to conduct a rigorous study of a promising practice that has the potential to improve key outcomes for Upward Bound participants.  Section 403(h)(3) of the HEOA provides that "[f]or the purpose of improving the effectiveness of the programs and projects assisted under this chapter the Secretary shall make grants to, or enter into contracts with, institutions of higher education and other public and private institutions and organizations to rigorously evaluate the effectiveness of the programs and projects assisted under this chapter …." </p>
<p>Further, part D, section 171(b)(2) of the Education Sciences Reform Act of 2002, Pub. L. 107-279 (20 U.S.C. 9561(b)(2)) authorizes the Institute of Education Sciences (IES) to "conduct evaluations of Federal education programs administered by the Secretary (and as time and resources allow, other education programs) to determine the impact of such programs…."</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information contained in the records maintained in this system will be used to conduct an evaluation of the effectiveness of a professional development strategy for Upward Bound staff (with related advising tools and resources for staff and students).  </p>
<p>The study will address the following three research questions:  (1)  To what extent do the professional development package and tools have an effect--above and beyond the services Upward Bound grantees already provide--on important student outcomes?  (2)  How fully was the strategy implemented (e.g., in terms of staff participation in training and student use of the tools) and to what extent did it lead to differences in the Upward Bound college advising provided?  (3)  Is there variation in the impacts of the enhanced college advising strategy and to what extent is the variation associated with Upward Bound project features or characteristics of participating students?  Are differences in the implementation of the enhanced college advising strategy associated with differences in impacts?</p>
<p>Information about students who participated previously in Upward Bound will be analyzed to identify potential points in the college advising and enrollment process where improvements can be made using the professional development and tools.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>The Department may disclose information contained in a record in this system of records under the routine uses listed here 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 (Privacy Act) (5 U.S.C. 552a), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the Education Sciences Reform Act (ESRA) (20 U.S.C. 9573), which provides confidentiality standards that apply to all collection, reporting, and publication of data by IES. </p>
<p>  1.  <i>Research Disclosure.</i>  The Director of IES may license confidential information from this system of records to qualified external researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records.  The researcher must maintain, under the Privacy Act and the ESRA, safeguards with respect to such records.  In addition, if confidential information from this system of records constitutes personally identifiable information from a student’s education record that is protected by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g), the researcher also must comply with the requirements in the applicable FERPA exception to consent.</p>
<p>2.  <i>Research Disclosure to Obtain Necessary Records to Conduct the Study.</i>  Under data sharing agreements that will protect student privacy and confidentiality, the Department may disclose the identity of students participating in the study to the study’s partners (the College Board, the ACT, and the National Student Clearinghouse) in order to obtain information on students’ college entrance exams or their enrollment and persistence in college as important outcomes to be examined in the study.</p>
<p>     3.  <i>Contract Disclosure.</i>  If the Department contracts with an entity to perform any function that requires disclosing records in this system to the contractor’s employees, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department.  Before entering into such a contract, the Department will require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system.</p>
<p>Disclosure to consumer reporting agencies:</p>
<p>  Not applicable to this system of records.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>     The Department maintains records on CD-ROM, and the contractor (Abt Associates, Inc.) and subcontractors (Decision Information Resources, Inc. and Survey Research Management) maintain data for this system on computers and in hard copy.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>     Records in this system are indexed and retrieved by a number assigned to each individual that is cross-referenced by the individual’s name on a separate list.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>     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.  </p>
<p>     The contractor and subcontractor will establish a similar set of procedures at their sites to ensure confidentiality of data.  The contractor’s and subcontractor’s 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 will be strictly controlled.  At each site, all hardcopy data will be kept in locked file cabinets during non-working hours and work on hardcopy data will take place in a single room, except for data entry.</p>
<p>     Physical security of electronic data will also be maintained.  Security features that protect project data include:  password-protected accounts that authorize users to use the contractor’s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.   Employees of the Department, as well as employees of its contractor and subcontractors who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>These records are covered by a draft records schedule under development, ED 231 Research and Statistics Records.  This schedule shall be submitted to the National Archives and Records Administration (NARA) for review and approval when complete.  Until such time as it is approved by NARA, no records shall be destroyed.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001. </p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>     If you wish to determine whether a record exists regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>     If you wish to gain access to a record about you in this system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7, including specification of the particular record you are seeking to have changed, the written justification for making such a change, and proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>     This system contains records on project staff and students participating in the Study of Enhanced College Advising in Upward Bound, as well as a group of students who previously participated in Upward Bound (high school juniors in school years 2005-2006 through 2010-2011) and for whom information was collected and is maintained through the Department’s annual performance reporting process.  Data will be obtained through study data collection directly from staff and students, administrative records maintained by Upward Bound project staff including Annual Performance Reports submitted to the Department, data extracts from the Department’s Office of Federal Student Aid, and data extracts from the College Board, the ACT, and the National Student Clearinghouse under data sharing agreements.</p>
</xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>     None.</p></xhtmlContent></subsection></section>

<section id="ed18-13-37" toc="yes">
<systemNumber>18-13-37</systemNumber>
<subsection type="systemName">Impact Evaluation of Support for Principals.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1)  Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001.</p>
<p>(2) Mathematica Policy Research, P.O. Box 2393, Princeton, NJ 08543-2393 (contractor).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system of records will include personally identifying information about the students, teachers, and principals who participate in the study.  The system will contain records on approximately 1,200 teachers, 100 principals, and 37,500 students from 10 school districts. </p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, individualized education plan status, school enrollment dates, attendance, and discipline records.  For principals and teachers, this information will include, but will not necessarily be limited to, individual district identifiers, school assignments, grades and subjects taught, and any available principal and teacher background characteristics, including age, sex, race/ethnicity, certifications, degrees, years of teaching experience, scores on licensure or certification tests, and teacher and principal performance ratings from district evaluation systems.  </p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563) and section 9601 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 7941).</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of providing principals with professional development.</p>
<p>     The study will address the following central research question:  What are the impacts of principals" professional development on teacher retention, teacher effectiveness, and student achievement?  Secondary research questions for the study are:  What are principals" professional development experiences?  What are the impacts of principals" professional development on school climate and principals" and teachers" practices?</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 (Privacy Act), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR Part 99), which protects the privacy of student education records.</p>
<p>Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records in this system to the contractor"s employees, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department.  Before entering into such a contract, the Department will require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system.</p>
<p>Disclosure to consumer reporting agencies:</p>
<p>     None.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>     The Department will maintain records on CD-ROM, and the contractor (Mathematica Policy Research) will maintain data for this system on computers and in hard copy.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>     Records in this system will be indexed and retrieved by a unique number assigned to each individual that will be cross-referenced by the individual"s name on a separate list.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>     All physical access to the Department"s site and to the site of the Department"s contractor, where this system of records will be maintained, 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.  </p>
<p>The contractor will establish a similar set of procedures at its site to ensure confidentiality of data.  The contractor is required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.  </p>
<p>     Physical security of electronic data will be also maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor"s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The Department"s and the contractor"s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of in accordance with the Department"s Records Disposition Schedules (GRS 23, Item 8).</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001. </p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>     If you wish to determine whether a record exists regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department"s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>     If you wish to gain access to a record about you in this system of records, contact the system manager.  Your request must meet the requirements of the Department"s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department"s Privacy Act regulations at 34 CFR 5b.7, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>     This system will contain records on principals, teachers, and students participating in an impact evaluation of support for principals.  Data will be obtained through human resource and student administrative records maintained by the school districts and surveys of principals and teachers.</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-13-38" toc="yes">
<systemNumber>18-13-38</systemNumber>
<subsection type="systemName">Impact Evaluation of Training in Multi-Tiered Systems of Support for Behavior. 
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p>
</xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1)  Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001.</p>
<p>(2)  MDRC, 16 East 34 Street, 19th Floor, New York, NY 10016-4326 (contractor).  </p>
<p>(3)  American Institutes for Research (AIR), 1000 Thomas Jefferson Street, NW., Washington, DC 20007-3835 (subcontractor).</p>


<p>(4)  Decision Information Resources (DIR), Inc., 2600 Southwest Freeway, Suite 900, Houston, TX 77098"4610 (subcontractor).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system of records will include personally identifying information about the students as well as teachers and other school staff who participate in the study.  The system will contain records on approximately 38,000 students and 3,600 teachers and other school staff from 12 school districts. </p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, individualized education program status, school enrollment dates, attendance, discipline records, school engagement, and student behavior.  For teachers and other school staff, this information will include, but will not necessarily be limited to, school assignments, positions, grades and subjects taught, any available teacher and staff background characteristics, including age, sex, race/ethnicity, certifications, and years of teaching experience, and classroom management and behavior support practices.  </p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>The system of records is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563) and section 664 of the Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. 1464).</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of providing school staff with training in multi-tiered systems of supports for behavior.</p>
<p>     The study will address the following central research questions:  What are the impacts on school climate, school staff practice, and student outcomes of providing training in MTSS-B that includes universal supports (Tier I)?  What are the impacts on school climate, school staff practice, and student outcomes of providing training in MTSS-B that includes universal supports (Tier I) plus targeted interventions for at-risk students (Tier II)?  What is the impact of additional training in targeted interventions for at-risk students (Tier II) for schools already trained in MTSS-B that includes universal supports (Tier I)?  What are the impacts for relevant subgroups including students with at-risk behavior, students with disabilities, and teachers with less experience?  Which strategies are correlated with improvement in student outcomes?</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 (Privacy Act), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  It must also comply with the requirements of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records.</p>
<p>The Department may disclose records under the "contract disclosure" proposed routine use.  If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department.  Before entering into such a contract, the Department will require the contractor to maintain Privacy Act safeguards, as required under 5 U.S.C. 552a(m), with respect to the records in the system.</p>
<p>Disclosure to consumer reporting agencies:</p>
<p>     None.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>     The Department will maintain records on CD-ROM, and the contractor (MDRC) and subcontractors (AIR and DIR) will maintain data for this system on computers and in hard copy.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>     Records in this system will be indexed and retrieved by a unique number assigned to each individual that is cross-referenced by the individual"s name on a separate list.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>     All physical access to the Department"s site and to the sites of the Department"s contractor and subcontractors, where this system of records will be 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.  </p>
<p>The contractor and subcontractors will establish a similar set of procedures at their sites to ensure confidentiality of data.  The contractor and subcontractors are required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.  </p>
<p>Physical security of electronic data also will be  maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor"s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The Department"s, the contractor"s, and the subcontractor"s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of in accordance with the Department"s Records Disposition Schedules (GRS 23, Item 8).</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001. </p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>     If you wish to determine whether a record exists regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department"s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>     If you wish to gain access to a record about you in this system of records, contact the system manager.  Your request must meet the requirements of the Department"s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department"s Privacy Act regulations at 34 CFR 5b.7, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>     This system will contain records on students as well as teachers and other school staff in an impact evaluation of training in multi-tiered systems of supports for behavior.  Data will be obtained through human resource and student administrative records maintained by the school districts, surveys of students as well as teachers and other school staff, observations of classrooms, ratings of student behavior, and individual student testing.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>None.</p></xhtmlContent></subsection></section>

<section id="ed18-13-39" toc="yes">
<systemNumber>18-13-39</systemNumber> 
    <subsection type="systemName">Impact Evaluation of Data-Driven Instruction Professional Development for Teachers.
</subsection>
<subsection type="securityClassification"><xhtmlContent>
<p>None.</p></xhtmlContent>
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1)  Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001.</p>
<p>(2) Mathematica Policy Research, P.O. Box 2393, Princeton, NJ 08543-2393 (contractor).</p>
<p>(3) Abt Associates, 55 Wheeler Street, Cambridge MA 02138-1168 (sub-contractor).</p>
<p>(4) Synergy Enterprises, 8757 Georgia Avenue, Suite 1440, Silver Spring, MD 20910 (sub-contractor).</p>
<p>(5) Evidence-Based Education Research &amp; Evaluation, 34 Washburn Avenue, Cambridge, MD 02140 (sub-contractor).</p>
<p>(6) Public Consulting Group Education – Focus on Results, 148 State Street, Boston, MA 02109 (sub-contractor).</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The system of records will include personally identifying information about the students, teachers, and principals who participate in the study.  The system will contain records on approximately 12,000 students, 500 teachers, and 104 principals from 104 schools in 12 school districts. </p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, individualized education plan status, school enrollment dates, attendance records, and discipline records.  For principals and teachers, this information will include, but will not necessarily be limited to, individual district identifiers, school assignments, grades and subjects taught, and principal and teacher background characteristics, including age, sex, race/ethnicity, certifications, degrees, years of teaching experience, and scores on licensure or certification tests.  </p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>The study is authorized under sections 2121-2123 of the Elementary and Secondary Education Act of 1965, as amended (ESEA) (20 U.S.C. 6621-6623), section 9601 of the ESEA (20 U.S.C. 7941), and section 171(b) of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561).</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of providing data-driven instruction professional development to teachers and principals.</p>
<p>     The study will address the following central research question:  What are the impacts of data-driven instruction professional development on student achievement, teachers’ instructional strategies, and school supports for using data? Secondary research questions for the study are:  How are schools implementing data-driven instruction?  What challenges do schools face in its implementation?</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>

<p>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 (Privacy Act), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information from student education records that were obtained from schools or school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR Part 99), which protects the privacy of student education records.</p>
<p>Contract Disclosure.  If the Department contracts with an entity to perform any function that requires disclosing records in this system to the contractor’s employees, the Department may disclose the records to those employees who have received the appropriate level of security clearance from the Department.  Before entering into such a contract, the Department will require the contractor to establish and maintain the safeguards required under the Privacy Act (5 U.S.C. 552a(m)) with respect to the records in the system.</p>
<p>Disclosure to consumer reporting agencies:</p>
<p>     None.</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage:</p>
<p>The Department will maintain records on CD-ROM, and the contractor and sub-contractors will maintain data for this system on computers and in hard copy.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>     Records in this system will be indexed and retrieved by a unique number assigned to each individual that will be cross-referenced by the individual’s name on a separate list.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>     All physical access to the Department’s site and to the site of the Department’s contractor and sub-contractors, where this system of records will be maintained, will be 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.  </p>
<p>The contractor will establish similar procedures at its site to ensure confidentiality of data.  The contractor is required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor will maintain security of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.  </p>
<p>     Physical security of electronic data will be also maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor’s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The Department’s and the contractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of in accordance with the Department’s Records Disposition Schedules (GRS 23, Item 8).</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 555 New Jersey Avenue, NW., room 502D, Washington, DC 20208-0001. </p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>     If you wish to determine whether a record exists regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>     If you wish to gain access to a record about you in this system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7, including proof of identity.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>     This system will contain records on principals, teachers, and students participating in an impact evaluation of data-driven instruction professional development.  Data will be obtained from human resource and student administrative records maintained by the schools and school districts, a survey of principals and teachers, and teacher activity logs to document teachers’ planning and classroom activities over four school days.</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>     None.</p>
</xhtmlContent></subsection></section>

    <section id="ed18–13–40" toc="yes">
        <systemNumber>18–13–40</systemNumber>
        <subsection type="systemName">
            Impact Study of Feedback for Teachers based on Classroom Videos (18–13–40)
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>

                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>The location is at Mathematica Policy Research, P.O. Box 2393, Princeton, NJ 08543-2393 (contractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Project’s contracting officer representative, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., room 4114, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563) and section 8601 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7981).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in the records maintained in this system will be used to conduct a rigorous study of the effectiveness of feedback for teachers based on classroom videos to inform effective teacher preparation and professional development.</p>
                <p>The study will address the following central research questions:  What is the impact on teaching practices and student achievement of providing novice teachers with feedback on their teaching using multiple videos of their classroom practices?  What is the impact on teaching practices and student achievement of providing early career teachers (those in their second, third, or fourth year of teaching) with feedback on their teaching using multiple videos of their classroom practices?  Secondary research questions for the study are:  Is intensive feedback more effective for certain types of teachers or students?  On which teaching practices should feedback interventions focus? </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The system of records will include individually identifying information about teachers who participate in the study and their students.  The system will contain records on approximately 500 teachers and 10,625 students from up to 12 school districts.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>For teachers, this information will include, but will not necessarily be limited to, teacher name, background characteristics, teaching experience, teacher preparation experiences, knowledge of teaching practice, experience with professional development, feedback to support their teaching practice, and videos of classroom practice and ratings of teaching practice conducted by the study team using the videos.  For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, and individualized education plan status.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data will be obtained through:  human resource and student administrative records maintained by the school districts; videos of classroom practice and ratings of teaching practice conducted by the study team using the videos; and surveys of teachers administered by the study team.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99), which protects the privacy of student education records.</p>
                <p>(1) Teacher Identification Disclosure.  In order for the Department to link teacher data that the Department maintains as part of this study to the administrative records of that teacher’s students maintained by the participating school districts for purposes consistent with the conduct of the study, the Department may disclose to each participating school district the identities of teachers from that school district who are participating in this study.</p>
                <p>(2) 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 maintain safeguards to protect the security and confidentiality of the records disclosed from the system.</p>
                <p>(3) Research Disclosure.  The Director of the Institute of Education Sciences may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records. The classroom videos will not be included in disclosures of records that are made under this routine use.  The researcher must agree to maintain safeguards to protect the security and confidentiality, consistent with section 183(c) of the ESRA (20 U.S.C. 9573(c)) of the records disclosed from this system.  When personally identifiable information from a student’s education record will be disclosed to the researcher, under FERPA (20 U.S.C. 1232g(b)), the researcher also must agree to comply with the requirements in the applicable FERPA exception to consent.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system of records are maintained in a secure, password-protected electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system will be indexed and retrieved by a unique number assigned to each teacher that will be cross-referenced by the individual’s name on a separate list.</p>
                <p>The contractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a) and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records (Impact Study of Feedback for Teachers based on Classroom Videos) meet all required security standards</p>
                <p>The contractor is required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.</p>
                <p>Physical security of electronic data also will be maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor’s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The contractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to your records, you must contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS.  Your request must provide the necessary particulars of 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 Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record regarding you in the system of records, you must contact the system manager at the address listed above.  Your request must meet the requirements of the Department’s Privacy Act regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to inquire whether a record exists regarding you in this system, you must contact the system manager at the address listed above.  You must provide the necessary particulars of 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 Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="ed18–13–41" toc="yes">
        <systemNumber>18–13–41</systemNumber>
        <subsection type="systemName">
            Text Ed:  A Study of Text Messaging to Improve College Enrollment Rates among Disadvantaged Adults (18-13-41)
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>MDRC, 19th floor, 16 East 34th Street, New York City, NY 10016-4326 (contractor).</p>
                <p>Signal Vine, 811 North Royal Street, Alexandria, VA 22314-1715 (subcontractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Project’s contracting officer representative, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., room 4105, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563) and title IV, part A, subpart 2, chapter 1 of the Higher Education Act of 1965, as amended (20 U.S.C. 1070a–11-1070a18).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in the records maintained in this system will be used to conduct a rigorous study of customized text messaging to improve the college enrollment and Free Application for Federal Student Aid (FAFSA) completion rates of adult participants in Educational Opportunity Centers (EOCs).</p>
                <p>The study will address the following central research questions:  Does providing personalized messages to EOC participants increase FAFSA completion rates?  Does it increase college enrollment rates?  What are participants’ experiences with the text messages (for instance, how often do they receive the messages?  How often do they text back in response?)?  Secondary research questions for the study are:  To what extent does the effectiveness of the messaging vary across EOC grantee sites?  To what extent does the effectiveness vary across participant subgroups?  </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system will contain records on adults participating in an impact study of customized text messaging to improve college enrollment and FAFSA completion rates.  The system will contain records on approximately 6,000 adult participants at up to 20 EOCs.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The information in the records in this system will include, but will not necessarily be limited to the following information about participants:  full name, address, telephone number, email address, date of birth, sex, race/ethnicity, income, Social Security number, educational background and plans, whether the participant is a caretaker for children, parents’ educational background, primary language spoken, FAFSA completion status, and college enrollment status.  Participants’ contact and background information will be used to send out the text messages and customize the content of the messages.  Social Security numbers will be used, along with participants’ names and dates of birth, to extract college enrollment statuses and FAFSA completion statuses from the databases of the National Student Clearinghouse and the Department’s Federal Student Aid office (FSA), respectively.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Participant background data will be obtained through administrative records maintained by study EOCs and through a survey of study participants.  College enrollment data will be obtained through the National Student Clearinghouse.  FAFSA completion data will be obtained through administrative records maintained by FSA. Participants’ texting records will be obtained from the study’s text message provider, Signal Vine.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 (Privacy Act), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.</p>
                <p>(1)  Contract Disclosure.  If the Department contracts with an entity for the purpose of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees.  As part of such a contract, the Department will require the contractor to agree to maintain safeguards to protect the security and confidentiality of the records disclosed from the system.</p>
                <p>(2)  Obtaining Participants’ Academic Records Disclosure.  In order to permit the Department or its contractor to obtain a participant’s academic records from the National Student Clearinghouse consistent with the purpose of the study, the Department or its contractor may disclose records to the National Student Clearinghouse.</p>
                <p>(3) Participant Identification Disclosure.  In order to permit EOC staff to communicate via text message with participants assigned to receive text messages consistent with the purpose of the study, the Department may disclose to each participating EOC the identities of the Center’s adults assigned to receive text messages.</p>
                <p>(4)  Research Disclosure.  The Department may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records.  The researcher must agree to maintain safeguards to protect the security and confidentiality of such records.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in a secure, password-protected electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system will be indexed and retrieved by a unique number assigned to each individual that will be cross-referenced by the individual’s name on a separate list.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department will submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records meet all required security standards.  The contractor will be required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor and subcontractor will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.</p>
                <p>Physical security of electronic data also will be maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor’s and subcontractor’s systems but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The contractor’s and subcontractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to your records, you must contact the system manager at the address listed above.  Your request must provide necessary particulars of 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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.  Your request must meet the requirements of the regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to inquire whether a record exists regarding you in this system, you must contact the system manager at the address listed above.  You must provide necessary particulars of your full name, address, and 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 Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section> 
    

    <section id="ed18-13-42" toc="yes">
        <systemNumber>18-13-42</systemNumber>
        <subsection type="systemName">
            Impact Evaluation of Parent Messaging Strategies on Student Attendance (18-13-42).
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                
                    <p>Unclassified.</p>
            </xhtmlContent> </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences (IES), U.S. Department of Education (the Department), Potomac Center Plaza, 550 12th Street, SW., Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Project’s COR, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, room 4102, 550 12th Street, SW., Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The study is authorized under ssections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563) and section 8601 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7981) and the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. Law. 113-235).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in the records maintained in this system will be used to conduct a rigorous study of a low-cost, parent-focused text messaging intervention, meant to reduce elementary school absenteeism and ultimately improve student achievement.</p>
                <p>The study will address the following central research questions:  (1) What is the impact on student attendance of using text messaging to provide parents with basic information related to attendance? (2) For parents who do not respond to the messaging strategies that provide basic information, does a more intensive strategy work better to improve attendance? (3) Do adaptive interventions (i.e., interventions that use more or less intensive strategies based on how parents respond) have effects on end-of-year attendance and achievement when compared to the districts’ usual attendance related practices? (4) How is the messaging intervention implemented and what are its costs?</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The system of records will include individually identifying information about parents (or guardians) who consent to participate in the study and their elementary school aged children.  The system will contain records on approximately 26,000 parents and 30,000 students from 4 school districts.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>For parents or guardians this information will include, but will not necessarily be limited to, contact information (name, phone number, and home address), gender, educational background, employment status, and primary language spoken at home.  For students this information will include, but will not necessarily be limited to, name, district-provided student ID, date of birth, gender, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, individualized education plan status, number of days absent (excused, unexcused, and suspended), and math and reading assessment scores.  Parents’ or guardians’ contact information will be used to send out the text messages.  Students’ identifying information will be collected to extract attendance and academic assessment information from school district data sources.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>The information contained in the records maintained in this system will be used to conduct a rigorous study of a low-cost, parent-focused text messaging intervention, meant to reduce elementary school absenteeism and ultimately improve student achievement.  Data will be obtained on all participating students and their parents or guardians through administrative records maintained by the school districts and through the administration of a survey to a subset of approximately 2,000 parents or guardians.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 (Privacy Act), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99), which protects the privacy of student education records.</p>
                <p>(1) 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 maintain safeguards to protect the security and confidentiality of the records disclosed from the system.</p>
                <p>(2) Research Disclosure.  The Director of the Institute of Education Sciences may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records. The researcher must agree to maintain safeguards to protect the security and confidentiality, consistent with section 183(c) of the ESRA (20 U.S.C. 9573(c)) of the records disclosed from the system.  When personally identifiable information from a student’s education record will be disclosed to the researcher, under FERPA (20 U.S.C. 1232g(b)), the researcher also must agree to comply with the requirements in the applicable FERPA exception to consent.</p>
                 </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system of records are maintained in a secure, password-protected electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system will be indexed and retrieved by a unique number assigned to each individual that will be cross-referenced by the individual’s name on a separate list.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records meet all required security standards issued by the National Institute of Standards and Technology (NIST).  The secure, password protected electronic system utilizes security hardware and software to include multiple firewalls, active intruder detection, and role-based access controls.  All physical access to the Department’s site, where this system of records will be 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to your records, you must contact the system manager at the address listed above.  Your requests must provide necessary particulars of 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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.  Your request must meet the requirements of the regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to inquire whether a record exists regarding you in this system, you must contact the system manager at the address listed above.  You must provide necessary particulars of 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 Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
              </xhtmlContent>
    </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>



    <section id="ed18-13-43" toc="yes">
        <systemNumber>18-13-43</systemNumber>
        <subsection type="systemName">
            Impact Evaluation of Academic Language Intervention (18-13-43).
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>MDRC, 16 East 34th Street, 19th Floor, New York, NY 10016-4326 (contractor).</p>
                <p>Abt Associates, 55 Wheeler Street, Cambridge, MA 02138-1168 (contractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Project’s contracting officer representative, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., room 4114-1, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The evaluation is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563) and section 8601 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7981).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information in this system will be used to conduct a rigorous study of the effectiveness of an academic language intervention on English Learner (EL) students’ and disadvantaged non-EL students’ language and reading skills.</p>
                <p>The study will address the following central research questions:  What is the impact of the academic language intervention on student achievement?  What is the impact of the academic language intervention on classroom instruction?  Was the academic language intervention implemented with fidelity?  Is there variation in the implementation or impact of the academic language intervention?</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The system of records will include individually identifying information about teachers who participate in the evaluation and their students.  The system will contain records on approximately 560 teachers and 9,520 students from up to nine school districts.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>For teachers, this information will include, but will not necessarily be limited to, teacher name, contact information, ratings of teaching practice, background characteristics, teaching experience and training, education, and fidelity of academic language instruction conducted by the teacher as assessed by the study team through observation.  For students, this information will include, but will not necessarily be limited to, student name, date of birth, EL status, gender, primary language, race/ethnicity, grade, eligibility for free/reduced-price lunches, individualized education plan status, standardized math and English/Language Arts test scores, grades, and retention/promotion decisions.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system will be obtained through:  human resource and student education records maintained by the school districts; observations of classroom practice conducted by the study team; surveys of teachers administered by the study team; and assessments administered to students by the study team.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose information 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.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records.</p>
                <p>1) Teacher Identification Disclosure.  In order for the Department to link teacher data that the Department maintains as part of this study to the education records of that teacher’s students maintained by the participating school districts for purposes consistent with the conduct of the study, the Department may disclose to each participating school district the identities of teachers from that school district who are participating in this study.</p>
                <p>2) 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 safeguards to protect the security and confidentiality of the records disclosed from this system.</p>
                <p>3) Research Disclosure.  The Director of the Institute of Education Sciences may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records.  The researcher must agree to safeguards to protect the security and confidentiality, consistent with section 183(c) of the ESRA (20 U.S.C. 9573(c)), of the records disclosed from this system.  When personally identifiable information from a student’s education record will be disclosed to the researcher, under FERPA (20 U.S.C. 1232g(b) and 34 CFR 99.31), the researcher also must agree to comply with the requirements in the applicable FERPA exception to consent.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system of records are maintained in a secure, password-protected electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system will be indexed and retrieved by a unique number assigned to each teacher or student that will be cross-referenced by the individual’s name on a separate list.</p>
                <p>The contractors’ employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act of 1974, as amended (Privacy Act) and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records meet all required security standards.  Contractors are required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  Contractors will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.</p>
                <p>     Physical security of electronic data also will be maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractors’ systems but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The contractors’ employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to your records, you should contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS.  Your request must provide necessary particulars of 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  Your request must meet the requirements of the regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to inquire whether a record exists regarding you in this system, you should contact the system manager at the address listed above.  Your request must provide necessary particulars of 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 Department’s Privacy Act regulations at 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None. </p>
            </xhtmlContent>
        </subsection>
    </section>


    <section id="ed18-13-44" toc="yes">
        <systemNumber>18-13-44</systemNumber>
        <subsection type="systemName">
            Impact Evaluation of Departmentalized Instruction in Elementary Schools (18–13–44).
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Mathematica Policy Research, P.O. Box 2393, Princeton, NJ 08543-2393.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Project’s contracting officer representative, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW., room 4104, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA) (20 U.S.C. 9561(b) and 9563) and section 8601 of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (20 U.S.C. 7981).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information in this system will be used to conduct a rigorous study comparing the effectiveness of departmentalizing instruction in elementary grades (where each teacher specializes in teaching one subject to multiple classes of students) to the more traditional approach to instruction where each teacher teaches all subjects to a single class of students.</p>
                <p>The study will address the following central research questions:  What is the impact of departmentalization in grades 4 and 5 on student achievement and teacher practices?  Do the impacts of departmentalization differ based on whether principals have access to teacher effectiveness scores when assigning teachers to subjects?  Secondary research questions for the study are:  How do schools structure departmentalization?  What challenges and benefits do principals and teachers perceive in switching to departmentalization?  How do principals’ actual assignment of teachers to subjects compare with assignments based solely on baseline teacher effectiveness scores? </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The system of records will include individually identifying information about teachers who participate in the study and their students.  The system will contain records on approximately 1,200 teachers and 26,400 students from up to 200 schools in 12 school districts.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>For teachers, this information will include, but will not necessarily be limited to, teacher name, videos of classroom practice collected by the study team, background characteristics, teaching experience, time spent on instruction, planning, and professional development, satisfaction and confidence in teaching, opportunities to coordinate with other teachers, baseline teacher effectiveness scores (i.e., ratings of teachers’ contribution to their students’ standardized math and English/Language Arts test scores in the year prior to the implementation of departmentalization for the study, as calculated by the school district or by the study team using the student data described below), and ratings of teaching practice assigned by the study team using the videos of classroom practice.  For students, this information will include, but will not necessarily be limited to, standardized math and English/Language Arts test scores, age, sex, race/ethnicity, grade, eligibility for free/reduced-price lunches, English Learner status, and individualized education plan status.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system will be obtained through:  human resource and student education records maintained by the school districts; videos of classroom practice; ratings of teaching practice conducted by the study team using the videos; and surveys of teachers administered by the study team.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>The Department may disclose information 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.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records.</p>
                <p>1) Teacher Identification Disclosure.  In order for the Department to link teacher data that the Department maintains as part of this study to the education records of that teacher’s students maintained by the participating school districts for purposes consistent with the conduct of the study, the Department may disclose to each participating school district the identities of teachers from that school district who are participating in this study.</p>
                <p>2) 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 maintain safeguards to protect the security and confidentiality of the records in the system.</p>
                <p>3) Research Disclosure.  The Director of the Institute of Education Sciences may disclose information from this system of records to qualified researchers solely for the purpose of carrying out specific research that is compatible with the purpose(s) of this system of records. The classroom videos will not be included in disclosures of records that are made under this routine use.  The researcher must agree to safeguards, consistent with section 183(c) of the ESRA (20 U.S.C. 9573(c)), to protect the security and confidentiality of the records disclosed from this system.  When personally identifiable information from a student’s education record will be disclosed to the researcher, under FERPA (20 U.S.C. 1232g(b) and 34 CFR 99.31), the researcher also must agree to comply with the requirements in the applicable FERPA exception to consent.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system of records are maintained in a secure, password-protected electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system will be indexed and retrieved by a unique number assigned to each teacher that will be cross-referenced by the individual’s name on a separate list.</p>
                <p>The contractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such a time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records meet all required security standards.  The contractor is required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.</p>
                <p>     Physical security of electronic data also will be maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor’s system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The contractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to your records, you must contact the system manager at the address listed under SYSTEM MANAGER AND ADDRESS.  Your request must provide necessary particulars, such as your full name, address, telephone number, and any other identifying information requested by the Department, 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record regarding you in the system of records, you must contact the system manager.  Requests must contain your full name, address, and telephone number.  Your request must meet the requirements of the regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to inquire whether a record exists regarding you in this system, you should contact the system manager at the address listed above.  Your request must provide necessary particulars, such as your full name, address, telephone number, and any other identifying information requested by the Department 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="ed18-13-45" toc="yes">
        <systemNumber>18-13-45</systemNumber>
        <subsection type="systemName">
            <p>National Evaluation of the Striving Readers Comprehensive Literacy and Comprehensive Literacy State Development Programs (18-13-45).</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>(1)  Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW, Washington, DC 20202.</p>
                <p>(2)  American Institutes for Research, 1000 Thomas Jefferson Street, NW, Washington, DC 20007(contractor).</p>
                <p>(3)  National Opinion Research Center at the University of Chicago, 55 East Monroe Street, 30th Floor, Chicago, IL 60603 (subcontractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Comprehensive Literacy Program Evaluation contracting officer representative, Institute of Education Sciences, U.S. Department of Education, Potomac Center Plaza, 550 12th Street, SW, room 4114-1, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>The study is authorized under sections 171(b) and 173 of the Education Sciences Reform Act of 2002 (ESRA)(20 U.S.C. 9561(b) and 9563), section 1502(b) of the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001, and section 2225 of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act (20 U.S.C. 6645).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information contained in the records maintained in this system is used to conduct a national evaluation of the Striving Readers Comprehensive Literacy (SRCL) program and the Comprehensive Literacy State Development (CLSD) program.</p>
                <p>The study will address the following central research questions:  How do State grantees implement their SRCL/CLSD program grants?  How do subgrantees target SRCL/CLSD program awards to schools and early learning programs?  What literacy interventions and practices are used by schools and early learning programs in the SRCL and CLSD programs?  What are the literacy outcomes for students in SRCL schools and early learning programs?  What is the impact of the CLSD program on classroom reading instruction?  What is the impact of the CLSD program on student reading outcomes?   </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on principals, teachers, and students in the schools and early learning programs that are participating in the evaluations of the SRCL and CLSD programs.  The system contains records on approximately 600 school principals, 3,700 teachers, and 3.7 million students (in grades three to eight and one grade in high school) in 413 school districts in the 11 states with SRCL program grants.  The system contains records on approximately 130 school principals, 180 teachers, and 1.9 million students (in grades three to eight and one grade in high school) in 200 school districts in the states with CLSD program grants.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>For teachers, this system includes, but is not limited to, the following information:  full name, contact information, background characteristics, teaching experience and professional development, teaching certification, and descriptions of their reading instruction.  For principals, this system includes, but is not limited to, the following information:  full name, contact information, and years of experience.  For students, this system includes, but is not limited to, the following information:  English learner status, gender, race/ethnicity, grade, eligibility for free/reduced-price lunch, individualized education plan status, and standardized English/Language Arts and Math test scores.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system is obtained from human resource and student education records maintained by the school districts; surveys of principals and of teachers that are administered by the study team; and, observations of reading instruction conducted by the study team.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 (Privacy Act), under a computer matching agreement.  Any disclosure of individually identifiable information from a record in this system must also comply with the requirements of section 183 of the ESRA (20 U.S.C. 9573), providing for confidentiality standards that apply to all collection, reporting, and publication of data by the Institute of Education Sciences.  Any disclosure of personally identifiable information (PII) from student education records that is obtained from schools or school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records and the PII contained therein.</p>
                <p>(1)  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 shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.  Any contractor or subcontractor that either obtains PII contained in student education records on behalf of the Department or to which the Department discloses PII contained in education records pursuant to this routine use shall comply with all applicable FERPA restrictions that apply to such PII, including, but not limited to, on the use, redisclosure, and destruction of such PII.</p>
                <p>(2)  Research Disclosure.  The Department may disclose information from this system of records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research that is compatible with the purpose(s) of this system of records.  The official may disclose information from this system of records to that researcher solely for the purpose of carrying out such research related to the purpose(s) of this system of records.  The researcher must agree to establish and maintain safeguards consistent with section 183(c) of the ESRA (20 U.S.C. 9573(c)) to protect the security and confidentiality of such records disclosed from this system.  Researchers to whom the Department discloses PII from student education records pursuant to this routine use shall comply with all applicable FERPA restrictions that apply to such PII, including, but not limited to, on the use, redisclosure, and destruction of such PII.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in a secure, password-protected electronic system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system will be indexed and retrieved by a unique number assigned to each individual that will be cross-referenced by the individual’s name on a separate list.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records meet all required security standards.  The contractor and subcontractor will be required to ensure that information identifying individuals is in files physically separated from other research data and electronic files identifying individuals are separated from other electronic research data files.  The contractor and subcontractor will maintain security of the complete set of all master data files and documentation.  Access to individually identifiable data will be strictly controlled.  All information will be kept in locked file cabinets during nonworking hours, and work on hardcopy data will take place in a single room, except for data entry.</p>
                <p>Physical security of electronic data also will be maintained.  Security features that protect project data will include:  password-protected accounts that authorize users to use the contractor’s and subcontractor’s systems but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The contractor’s and subcontractor’s employees who "maintain" (collect, maintain, use, or disseminate) data in this system must comply with the requirements of the Privacy Act and the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to request access to your records, you must contact the system manager at the address listed above under the section entitled "SYSTEM MANAGER(S)."  Your request must provide necessary particulars of your full name, address, and 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 Department’s Privacy Act regulations set forth in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>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 under the section entitled "SYSTEM MANAGER(S)."  Your request must meet the requirements of the Department’s Privacy Act regulations set forth in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to inquire whether a record exists regarding you in this system, you must contact the system manager at the address listed above under the section entitled "SYSTEM MANAGER(S)."  You must provide necessary particulars of your full name, address, and 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 Department’s Privacy Act regulations set forth in 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>
    <section id="ed18-13-46" toc="yes">
        <systemNumber>18-13-46</systemNumber>
        <subsection type="systemName">
            <p>Connecting Adult to Success: Evaluation of Career Navigator Training (18-13-46).</p>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Institute of Education Sciences, U.S. Department of Education, 550 12th Street SW, Washington, DC 20202. (This is the location of the IES Data Center.)</p>
                <p>Mathematica Policy Research, Inc., 600 Alexander Park, Princeton, NJ 08540-6346 (contractor).  (Mathematica will collect personally identifiable information regarding staff and adult learners at participating adult education sites and store these records until uploaded through secure transfer to the IES Data Center.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Associate Commissioner, Evaluation Division, National Center for Education Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education, 550 12th Street SW, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>This system of records is authorized under 29 U.S.C. 3332(b) and (c) (sections 242(b) and 242(c) of title II of the Workforce Innovation and Opportunity Act (Pub. L. 113-128)) and section 173 of the Education Sciences Reform Act of 2002 (ESRA) (Pub. L. 107-279).  The collection of Social Security numbers (SSNs) is authorized under Executive Order 9397 (November 22, 1943), as amended by Executive Order 13478 (November 18, 2008).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The records maintained in this system will be used to measure the effectiveness of training for career navigators in improving the education and employment outcomes of adult learners.  The records maintained in this system will be used to address the following research questions:</p>
                •	<p>Can providing training to career navigators improve adult learners’ college enrollment and credential attainment rates?</p>
                •	<p>Can providing training to career navigators improve adult learners’ employment rates and earnings?</p>
                •	<p>What types of services do career navigators typically provide, and does the training provided to career navigators change the nature or intensity of such services in ways that explain any impacts on adult learners’ postsecondary and workforce outcomes?</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system will maintain records on career navigators and adult learners from across 64 adult education provider sites.  The adult education provider sites will be recipients of funds under the Department’s adult education formula grant program that volunteer to participate in the Connecting Adults to Success:  Evaluation of Career Navigator Training (the Study) and that meet the Study’s selection criteria including that they employ career navigators, do not already provide training to such navigators that is similar to the Study’s training, and routinely collect SSNs from learners as part of program intake.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Records maintained in this system on career navigators include, but are not limited to, name; email address; work and training experience; education background; demographic information such as race, age, ethnicity, and gender; types and intensity of career navigation services that the navigator provides; records of the navigator’s participation in the Study’s training; and the navigator’s perceptions of the Study’s training.</p>
                <p>Records maintained in this system on adult learners include, but are not limited to, name; mailing address; email address; date of birth; SSN; work experience; education background; English learner status; demographic information such as race, ethnicity, and gender; course enrollment at the adult education site; participation in career navigation services; performance on tests of basic literacy skills; educational attainment; and employment and earnings.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Data in this system will be obtained through student records maintained by the adult education providers; surveys of adult learners, career navigators, and adult education site directors; and the administrative records of the National Student Clearinghouse, high school equivalency test vendors, the U.S. Department of Health and Human Services’ National Directory of New Hires, and the Department’s Office of Federal Student Aid.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> 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 (Privacy Act) (5 U.S.C. 552a), under a computer matching agreement.  Any disclosure of personally identifiable information from a record in this system must also comply with the requirements of section 183 of ESRA (20 U.S.C. 9573) providing for confidentiality standards that apply to all collections, reporting, and publication of data by IES.  Any disclosure of personally identifiable information from student education records that were obtained from school districts must also comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR part 99), which protects the privacy of student education records.</p>
                <p>(1) 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 maintain safeguards to protect the security and confidentiality of the records in the system.</p>
                <p>(2) Research Disclosure.  The Department may disclose records to a researcher if the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to the functions or purposes of this system of records.  The Department 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 must agree to safeguards, consistent with section 183(c) of ESRA (20 U.S.C. 9573(c)), to protect the security and confidentiality of the records disclosed from this system.  If the Department discloses personally identifiable information from a student’s education record covered by FERPA to the researcher, the researcher also must agree to comply with applicable FERPA requirements.</p>
                <p>(3) Obtaining Participants’ Academic and Employment Records.  The Department may disclose records from this system of records to the National Student Clearinghouse, testing vendors for high school equivalency credentials, and the U.S. Department of Health and Human Services in order to obtain participants’ academic and labor records.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The Department maintains secured, password-protected records on the IES Data Center, and the Department’s contractor, Mathematica Policy Research, Inc., maintains records for this system on the Department’s behalf on secured, password-protected computer systems and in hard copy form until uploaded to the IES Data Center.  Hard copy records will be kept in locked file cabinets during nonworking hours and work on hard copy records will take place in a single room, except for data entry.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are indexed by a unique number assigned to each individual, which can be cross-referenced when needed (such as for data matching) with the separately stored direct identifiers.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>The Department has submitted a retention and disposition schedule that is intended to cover the records contained in this system to the National Archives and Records Administration (NARA) in June 2022 for NARA’s review.  The records will not be destroyed until such a time as NARA approves said schedule.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Security protocols for this system of records meet all required security standards.  All physical access to the Department's site and to the site of the Department's contractor, where this system of records is also 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 with the use of firewalls, encryption, and password protection.  This 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.  The contractor will establish a similar set of procedures at its site to ensure the confidentiality of data.  The contractor's systems are required to ensure that personally identifiable information is in files physically separated from other research data.  The contractor will maintain security of the complete set of all master data files.  Access to personally identifiable information will be strictly controlled.  Access to information by contractor staff will be granted on a need-to-know basis, and individual staff’s ability to alter records within the system will be controlled.</p>
                <p>Security features that protect project data include: password-protected accounts that authorize users to use the contractor's system but to access only specific network directories and network software; user rights and directory and file attributes that limit those who can use particular directories and files and determine how they can use them; and additional security features that the network administrators will establish for projects as needed.  The contractor's employees who "maintain" (collect, maintain, use, or disseminate) data in this system shall comply with the requirements of the confidentiality standards in section 183 of the ESRA (20 U.S.C. 9573).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record in this system, contact the system manager at the address listed above.  Your request must provide necessary particulars of your full name, address, telephone number, and any other identifying information requested by the Department, to distinguish between individuals with the same name.  Your request must meet the requirements of regulations at 34 CFR 5b.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record regarding you, you must contact the system manager at the address listed above.  Requests must contain your full name, address, and telephone number.  Your request must meet the requirements of the regulations at 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists regarding you, you must contact the systems manager at the address listed above.  Your request must provide 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 at 34 CFR 5b.5.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="ed18-14-01" toc="yes">
<systemNumber>18-14-01</systemNumber>
<subsection type="systemName">Educationally Disadvantaged Students Attending Private Schools Served Through Bypass
Contracts.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Contractor serving the State of Virginia: Nonpublic Educational Services, Inc., 14416
Jefferson Davis Highway, Suite 11, Woodbridge, VA  22191.
</p><p>Contractor serving the State of Missouri: Blue Hills Homes Corporation, 1020 East 63rd Street,
Kansas City, MO  64110.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system contains records on selected elementary and secondary school students whom:
</p><p>(1)  Attend private schools;
</p><p>(2)  Reside in target areas of bypassed local educational agencies; and
</p><p>(3)  Participate in the program for students who are failing or most at risk of failing under
Title I of the Elementary and Secondary Education Act of 1965 as amended.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system contains student documents such as test scores, report cards, individual
instructional records and reports from teachers to other teachers and parents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Elementary and Secondary Education Act of 1965 1120(d), 20 U.S.C. 6321.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system is used for a variety of purposes.  The
standardized test scores obtained at the beginning of a year are used to determine the eligibility
of students for participation in the Title I program.  The report cards and reports of Title I
teachers to regular classroom teachers and to parents are used to report the progress students are
making during the school year.  The scores on the achievement tests given at the end of a school
year are used to measure the progress students have made during the year and the degree to which the
objectives of the Title I progress have been met.  The purpose of the individual instructional
record is to provide a plan for meeting the students' instructional needs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (Department) may disclose information contained in a record on
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 Act, under a computer matching agreement.
</p><p>(1)  Educational Disclosures.  Title I teachers make information contained in this system of
records available to regular classroom teachers and to the parents of those students to explain the
eligibility of students and their progress in the Title I program.  Supervisors of the Title I
teachers also use the information contained in this system of records as a part of the monitoring
process to measure progress being made toward achieving program objectives.
</p><p>(2)  Enforcement Disclosure.  In the event that information in this system of records indicates,
either on its face or in connection with other information, a violation or potential violation of
any applicable statute, regulation, or order of a competent authority, the Department may disclose
the relevant records 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.
</p><p>(3)  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.
</p><p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction.  In the event that one of the parties listed below is involved in litigation or
ADR, or has an interest in litigation 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:
</p><p>(i)  The Department of Education, or any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv)  Any Department employee in his or her individual capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures.  If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses.  If the Department determines that
disclosure of certain records to a party, counsel, representative or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative or witness.
</p><p>(5) Freedom of Information Act (FOIA) Advice Disclosure.  The Department may disclose records to
the Department of Justice and 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 the FOIA.
</p><p>(6) Employment, Benefit, and Contracting Disclosure.
</p><p>(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.
</p><p>(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.
</p><p>(7) Disclosure for Use by Other Law Enforcement Agencies.  The Department may disclose
information to any Federal, State, local, or foreign agency or other public authority responsible
for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or
regulation if that information is relevant to any enforcement, regulatory, investigative, or
prosecutive responsibility within the receiving entity's jurisdiction.
</p><p>(8) 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 present or former employee of the Department: complaint,
grievance, discipline or competence determination proceedings.  The disclosure may only be made
during the course of the proceeding.
</p><p>(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.  Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(10) Research Disclosure.  The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records.  The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records.  The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Each student's records are kept in a separate file folder.  All folders are filed in a
locked filing cabinet in the Title I classroom.  After a student no longer participates in the
program, his or her records are transferred to the contractor's office or storage facility where
they are stored in locked filing cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The records are indexed by student names, school attended and year of attendance at that
school.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The records are secured in a locked filing cabinet.  The key is kept by the Title I teacher.
After a student no longer participates in the program, the records are transferred to the
contractor's office or storage facility where they are stored in a locked filing cabinet.  Direct
access is restricted to the Title I teacher and aide during the day-to-day program operation.  The
instructional supervisor, representatives of the contractor, and Department of Education staff have
access during monitoring visits.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained in the contractor's office or storage facility for at least three
years after final payment on the contract.  Disposal of records are in accordance with the
Department of Education Records Disposition Schedules (ED/RDS).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Compensatory Education Programs, U.S. Department of Education, 400 Maryland
Avenue, SW., Room 3W230, Washington, DC  20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If a student or his or her parent or guardian wishes to determine whether a record exists
regarding them in this system of records, he or she must notify the appropriate contractor for the
State served by the bypass contract.  The name and address of the appropriate contractor is listed
under the system location of this notice.  For identification, the authorized individual seeking
information should provide the name, home address, and school of the student for whom information is
being requested.  The request must meet the requirements in the regulations at 34 CFR 5b.5.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>In order to gain access to a record in this system, you should contact the contractor listed
in the system location or the system manager.  You should provide the contractor with the
information listed in the Notification Procedure of this notice and reasonably specify the record
contents being sought.  The request must meet the requirements of the regulations at 34 CFR 5b.5,
including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to contest the content of the record of a participating Title I student, you
should contact the contractor for the State served by the bypass contract.  You should identify
yourself and state, in writing, which portion of the record you desire to be changed and provide a
justification and authorization for the change.  The contractor will forward the request to the
system manager.  The request must meet the requirements of the regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system comes from test scores on achievement tests for program
eligibility administered at private schools and class performance information from the regular class
teachers.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-14-02" toc="yes">
<systemNumber>18-14-02</systemNumber>
<subsection type="systemName">Fellowships for Indian Students--Applications and Awards.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Indian Education, Office of Elementary and Secondary Education, 1250 Maryland
Avenue, SW., Room 4300, Portal Building, Washington, DC  20202-6335.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>American Indians who are citizens of the United States or residents of the United States for
other than a temporary purpose, who have been accepted by institutions of higher education in a
program leading to an undergraduate or graduate degree in the fields of Business Administration,
Engineering and Natural Resources or related fields, and graduate degree in the fields of education,
law and medicine or related fields, and who have applied to Department's Office of Indian Education
for a fellowship.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Name, address, phone number, date and place of birth, tribal affiliation, tribal roll
number, social security number, sex, marital status, citizenship, names of dependents, educational
background, employment background, educational transcripts, references, income information,
admission test scores.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Indian Education Act of 1972, as amended, Pub. L. 92-318, Part B, section 423.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agrement.
</p><p>(1)  Advisory Council Disclosure.  Information may be released to members of the National
Advisory Council on Indian Education.
</p><p>(2)  Field Readers Disclosure.  Field Readers for the purpose of determining eligibility and
recommending awardees; selected data for developing brochures describing the Fellows and their
career goals for public information purposes.
</p><p>(3)  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.
</p><p>(4)  Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a)  Introduction.  In the event that one of the parties listed below 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) or (d) of this routine use under the conditions specified
in those paragraphs:
</p><p>(i)  The Department of Education, any component of the Department; or
</p><p>(ii)  Any Department employee in his or her official capacity; or
</p><p>(iii)  Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee; or
</p><p>(iv)  Any Department employee in his or her official capacity where the agency has agreed to
represent the employee; or
</p><p>(v)  The United States where the Department determines that the litigation is likely to affect
the Department or any of its components.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The records are maintained in hard copy, filed in locked standard file cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are accessed by individual names only by authorized Department staff and Field
Readers for the purposes of determining eligibility; selecting Fellows: Establishing allowances for
stipends, dependents, tuition, and other expenses; determining continued eligibility; and developing
profile information regarding recipients of fellowships for program evaluation, planning, reporting
and publicity purposes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records on fellowship holders are maintained and disposed of in accordance with the
Department of Education Records Disposition Schedules (ED/RDS).
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Indian Education, Office of Elementary and Secondary Education, ATTN:
Education Program Specialist for Fellowships, U.S. Department of Education, 400 Maryland Avenue SW.,
Room 4300, Washington, DC  20202-6335.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
provide the system manager with your name, the year of the award, the name of the grantee
institution, and type of award.  Your request must meet the requirements of the regulations at 34
CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>To gain access to records regarding you in this system of records, follow the Notification
Procedure described above.  Your request must meet the requirements of the regulations at 34 CFR
5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>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 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.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from the individual applicant and from references submitted by the
applicant on approved forms.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-14-03" toc="yes">
<systemNumber>18-14-03</systemNumber>
<subsection type="systemName">Native Hawaiian Education Council Membership.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>School Improvement Programs, Office of Elementary and Secondary Education, U.S. Department
of Education, 400 Maryland Avenue, SW., Room 3C126, Washington, DC 20202-6140.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who have been or are presently members of or are being considered for membership
on the Native Hawaiian Education Council.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system consist of one or more of the following: Name, title, sex, place and
date of birth, home address, business address, organizational affiliation, phone numbers, fax
numbers, e-mail addresses, degrees held, general educational background, ethnic background, resume,
curriculum vitae, previous or current membership on the Native Hawaiian Education Council, source
who recommended the individual for membership on the advisory council, and miscellaneous
correspondence.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 7204 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the
No Child Left Behind Act of 2001 (Pub. L. 107-110).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To establish a Native Hawaiian Education Council to help coordinate the educational and
related services available to Native Hawaiians, including programs receiving funding under the
Native Hawaiian Education Act.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Act, under a computer matching agreement.
</p><p>(1) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the following parties 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:
</p><p>(i) The Department of Education, or any component of the Department; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her individual capacity if the Department of Justice
(DOJ) has agreed to provide or arrange for representation for the employee;
</p><p>(iv) Any Department employee in his or her individual capacity if the agency has agreed to
represent the employee; or
</p><p>(v) The United States if the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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.
</p><p>(c) Administrative Disclosures. If the Department determines that disclosure of certain records
to an adjudicative body before which the Department is authorized to appear, an individual or entity
designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and
necessary to the administrative litigation, the Department may disclose those records as a routine
use to the adjudicative body, individual, or entity.
</p><p>(d) Parties, Counsels, Representatives, and Witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative, or witness in an administrative
proceeding is relevant and necessary to the litigation, the Department may disclose those records as
a routine use to the party, counsel, representative, or witness.
</p><p>(2) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(3) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research that is compatible with the 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 that is compatible with the purposes
of this system of records. The researcher shall be required to maintain Privacy Act safeguards with
respect to the disclosed records.
</p><p>(4) 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.
</p><p>(5) Freedom of Information Act (FOIA) Advice Disclosure. In the event that the Department deems
it desirable or necessary, in determining whether particular records are required to be disclosed
under the Freedom of Information Act, disclosure may be made to the Department of Justice or the
Office of Management and Budget for the purpose of obtaining their advice.
</p><p>(6) Disclosure to the Department of Justice. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in hard copy filed in file cabinets and on personal computers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Direct access to records is restricted to authorized personnel through locked files, rooms,
and buildings, as well as building pass and security guard sign-in systems. Furthermore, the
designated individuals' access to personal computers, the network, and the system of records will
require personal identifiers and unique passwords, which will be periodically changed to prevent
unauthorized access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are disposed of in accordance with the Department's Records Disposition Schedules
(ED/RDS), Part 5 and the National Archives and Records Administration's General Records Schedules
(GRS) 16, item 8.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Native Hawaiian Program Manager, School Improvement Programs, U.S. Department of Education,
400 Maryland Avenue, SW., Room 3E126, Washington, DC 20202-6140.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in this system of records,
contact the system manager. Your request must meet the requirements of the Department's Privacy Act
regulations in 34 CFR 5b.7, including proof of identity. You may present your request in person at
any of the locations identified for this system of records or address your request to the system
manager at the following address: School Improvement Programs, U.S. Department of Education, 400
Maryland Avenue, SW., Room 3E126, Washington, DC 20202-6140.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedures. Requestors should also reasonably specify the record
contents being sought. These access procedures are in accordance with Department regulations (34 CFR
5b.5(a)(2)).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Contact the official at the address specified under notification procedures, reasonably
identify the record, and specify the information to be contested. Your request must meet the
regulatory requirements of 34 CFR 5b.7, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records will be obtained from the individuals, references,
recommendations, private organizations, Members of Congress, and other government sources.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
    <section id="ed18-14-04" toc="yes">
        <systemNumber>18-14-04</systemNumber>
        <subsection type="systemName">
            Migrant Student Information Exchange (MSIX).
        </subsection>

        <subsection type="securityClassification">
            <xhtmlContent>
                
                    <p>Unclassified.</p> </xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>(1)  U.S. Department of Education, Office of Migrant Education, Office of Elementary and Secondary Education, 400 Maryland Avenue, SW., Washington, DC 20202–6135.</p>
                <p>(2a)  Deloitte Consulting LLC, 1919 North Lynn Street, Arlington, VA 22209-1743 (contractor) (Software development/programming and operations/maintenance).</p>
                <p>(2b)  Amazon Web Services (AWS) US-EAST / US-WEST 12900 Worldgate Drive, Herndon, VA 20170-6039 (subcontractor).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Director, Office of Migrant Education, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E317, Washington, DC 20202–0001.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>MSIX is authorized under section 1308(b)(2) of the Elementary and Secondary Education Act of 1965, as amended (ESEA), 20 U.S.C. 6398(b)(2).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p> The purpose of MSIX is to enhance the continuity of educational and health services for migratory children by providing a mechanism for all States to exchange educational and health-related information on migratory children who move from State to State due to their migratory lifestyle.  MSIX helps to improve the timeliness of school enrollments, the appropriateness of grade and course placements, and participation in the Migrant Education Program (MEP) for migratory children.  Further, MSIX facilitates the accrual of course credits for migratory children in secondary school by providing accurate academic information on the students’ course history and academic progress.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on all children whom States have determined to be eligible to participate in the MEP, authorized in Title I, Part C of the ESEA.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The categories of records in the system include the migratory child’s:  name, date of birth, personal identification numbers assigned by the States and the Department, parent’s or parents’ name or names, school enrollment data, school contact data, assessment data, and other educational and health data necessary for accurate and timely school enrollment, grade and course placement, and accrual of course credits.  The final request for public comment on the minimum data elements (MDEs) to be included in MSIX was published, pursuant to the Paperwork Reduction Act of 1995 clearance process, in the Federal Register on May 25, 2016 (81 FR 33246).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>The system contains records that are obtained from parents, guardians, migratory children, State educational agencies (SEAs), local educational agencies (LEAs), and local operating agencies (LOAs).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 (Privacy Act), under a computer matching agreement.</p>
                <p>(1)  MEP Services, School Enrollment, Grade or Course Placement, Accrual of High School Credits, Student Record Match Resolution, and Data Correction Disclosure.  The Department may disclose a record in this system of records to authorized representatives of SEAs, LEAs, or other MEP LOAs to facilitate one or more of the following for a student:  (a) Participation in the MEP, (b) enrollment in school, (c) grade or course placement, (d) credit accrual, (e) unique student match resolution, and (f) data correction by parents, guardians, and migratory children.</p>
                <p>(2)  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 who have received the appropriate level security clearance from the Department.  As part of such a contract, the Department will require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(3)  Research Disclosure.  The Department may disclose records from this system to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose information 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 will be required to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(4)  Freedom of Information Act (FOIA) or Privacy Act Advice Disclosure.  The Department may disclose records to the U.S. Department of Justice (DOJ) or the Office of Management and Budget (OMB) if the Department concludes that disclosure is desirable or necessary to determine whether particular records are required to be disclosed under the FOIA or the Privacy Act.</p>
                <p>(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 in responding to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(6)  Litigation or Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(a)  Introduction.  In the event that one of the following parties 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:</p>
                <p>(i)  The Department or any of its components.</p>
                <p>(ii)  Any Department employee in his or her official capacity.</p>
                <p>(iii)  Any employee of the Department in his or her individual capacity where DOJ has agreed to or has been requested to provide or arrange for representation of the employee.</p>
                <p>(iv)  Any employee of the Department in his or her individual capacity where the Department has agreed to represent the employee.</p>
                <p>(v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(b)  Disclosure to DOJ.  If the Department determines that disclosure of certain records to DOJ, or attorneys engaged by DOJ, is relevant and necessary to litigation or ADR, and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to DOJ.</p>
                <p>(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 litigation or ADR, and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the adjudicative body, person, or entity.</p>
                <p>(d)  Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to litigation or ADR, and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to a party, counsel, representative, or witness.</p>
                <p>(7)  Congressional Member Disclosure.  The Department may disclose information from a record of an individual to a member of Congress and his or her staff 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.</p>
                <p>(8)  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.</p>
              
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>The cloud service provider, Amazon Web Services (AWS), through a subcontract with the Department, stores computerized student records, including backups, on virtual servers.  Physical security of electronic data is maintained in compliance with the Federal Information Security Modernization Act of 2014 (FISMA) and National Institute of Standards and Technology (NIST) standards.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records in this system are retrieved by name and by the unique identifier assigned to each individual.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>All records were previously retained and disposed of in accordance with Department Records Schedule 066: Program Management Files (N1-441-10-1) (ED 066), Item (a)(3).  ED 066, Item (a)(3), is being superseded, pending approval by the National Archives and Records Administration (NARA), by a new records schedule submitted by the Department to NARA entitled, "Migrant Student Information Exchange (MSIX) Electronic Information System Records."  The Department will not destroy the aforementioned records until such time as said new, NARA-approved schedule is in effect, as applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>(1)  Introduction.  Security personnel control and monitor all physical access to the site of the Department’s subcontractor, where this system of records is maintained.  The computer system employed by the Department offers a high degree of resistance to tampering and circumvention.  This computer 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 by granting user names and passwords, and assigning user roles.</p>
                <p>(2)  Physical Security of Electronic Data.  The MSIX infrastructure is housed in a cloud service provider with provisional authorization from the Federal Risk and Authorization Management Program (FedRAMP) Joint Authorization Board (JAB) under the Moderate control baseline.  All controls managed by the cloud service provider, including physical security of electronic data, are reviewed by a third party assessment organization (3PAO) in accordance with FedRAMP guidance.</p>
                <p>(3)  User Access to Electronic Data.  MSIX leverages role-based accounts and security controls to limit access to the application, its servers, and its infrastructure to authorized users in accordance with the Federal Information Security Modernization Act (FISMA) of 2014 and the Department Office of Chief Information Officer (OCIO) directives, policies, standards and procedures.  All MSIX users must follow a registration process that involves identity validation and verification prior to gaining access to MSIX.  MSIX utilizes unique user identifiers (user IDs) and authenticators (strong passwords).  Directory information for all authorized users is stored in the system.  Directory information maintained in MSIX includes username, full name, work contact information, and login credentials needed to maintain user accounts.  The MSIX application is only available to authorized users via a Uniform Resource Locator (URL) that runs under the Hypertext Transfer Protocol over Secure Socket Layer (HTTPS).</p>
                <p>(4)  Additional Security Measures.  The MSIX infrastructure also leverages firewalls and intrusion detection systems to limit internal access and identify unauthorized access to the system.  MSIX logs, monitors, and controls network communications and systems actions.  System components are logically separated from internal organizational networks and connect to external networks through managed interfaces.  Further, the MSIX operations include conducting vulnerability scans, monitoring the U.S. Computer Emergency Response Team (CERT) bulletins, and applying routine operating system and vendor patches as appropriate.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to your record in the system of records, you must contact the system manager at the address listed under SYSTEM MANAGER(S).  You must provide necessary particulars such as your name, date of birth, 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest or change the content of a record regarding you in the system of records, contact the system manager at the address listed under SYSTEM MANAGER(S).  Your request must meet the requirements of regulations in 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>If you wish to determine whether a record exists regarding you in the system of records, you must contact the system manager at the address listed under SYSTEM MANAGER(S).  You must provide necessary particulars such as your name, date of birth, 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.</p>
                 
                </xhtmlContent>
    </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> The system of records was originally published in the Federal Register on December 5, 2007 (72 FR 68572-68576). </p>
            </xhtmlContent>
        </subsection>
    </section>

 
<section id="ed18-14-06" toc="yes">
<systemNumber>18-14-06</systemNumber>

<subsection type="systemName">Migrant Education Bypass Program Student Database (MEBPSD).
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>(1) U.S. Department of Education, Office of Elementary and Secondary Education, Office of Migrant
Education, 400 Maryland Avenue  SW., Room 3E315, Washington, DC 20202-4614.
</p><p>(2a) Central Susquehanna Intermediate Unit (CSIU), 90 Lawton Lane, Milton, PA 17847 (main
database server and primary location of staff serving West Virginia (WV)).
</p><p>(2b) Central Susquehanna Intermediate Unit, 911 Greenough Street, Suite 1, Sunbury, PA 17801
(secure off-site location where electronic backup media will be stored).
</p><p>(3) LEARN Regional Educational Service Center, 44 Hatchetts Hill Road, Old Lyme, CT 06371
(subcontractor of CSIU and primary location of staff serving Connecticut (CT) and Rhode Island
(RI)).
</p><p>(4) ESCORT, Eastern Stream Center--South, 3750 Gunn Highway, Suite 210, Tampa, FL 33618.
</p><p>(5) Contractor and subcontractor staff will keep and maintain a subset of MEBPSD records in print
format or on tablet personal computers.
</p><p>(6) Contractor and subcontractor staff may access the MEBPSD through the Internet using secure
network connections that utilize encryption and Virtual Private Network technology.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>This system contains records on all children in the target States whom the U.S. Department of
Education (Department) has determined to be eligible to participate in the Migrant Education Program
(MEP), authorized in Title I, Part C, of the Elementary and Secondary Education Act of 1965, as
amended (ESEA). For purposes of this notice, these children are referred to as "migrant
children".
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The categories of records in the system include, but are not limited to, the migrant child's:
name; date of birth; birth city; birth State; birth country; home address; telephone number;
personal identification numbers assigned by the Department's contractor, the Migrant Student
Information Exchange (MSIX) system, the State educational agency (SEA), and the local educational
agency (LEA); and relevant family information (<i>e.g.,</i> parent's or parents' name or
names and proficiency in English). The system also includes data on the migrant child's school
enrollment, school contacts, assessments, school readiness, educational interests, and other
educational and health data necessary for: providing educational and support services in a
coordinated and efficient manner; ensuring accurate and timely school enrollment, grade and course
placement, and accrual of course credits; and reporting aggregate, non-personally identifiable
information to the Department. The system also includes information related to the child's
eligibility for the MEP. In cases where the child is a migratory agricultural worker or migratory
fisher, the MEBPSD includes information about the child's move, the types of work the child performs
and has performed in the past, and the name of the workplace where this work is or was performed. In
cases where the child moves with a parent, guardian, or spouse who is a migratory agricultural
worker or migratory fisher, the MEBPSD includes information about the moves the child and worker
made; the type of work the parent, guardian, or spouse performs and has performed in the past; and
the name of the workplace where this work is or was performed.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The MEBPSD is authorized under section 1307 of the ESEA, (20 U.S.C. 6397).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The purposes of the MEBPSD are to enable the Department, through its contractor, CSIU, to: (1)
Verify the eligibility of migratory children in the target States for MEP services; (2) help
migratory children in the target States receive appropriate educational and supportive services that
address their special needs in a coordinated and efficient manner; (3) help to ensure, by
collecting, maintaining, and transferring children's education records, that migratory children in
the target States are not penalized by disparities in State curriculum, graduation requirements,
academic content, and student academic achievement standards as they move among States; (4) help
migratory children overcome educational disruption, cultural and language barriers, social
isolation, health-related problems, and other factors that inhibit their ability to make a
successful transition to postsecondary education or employment; (5) enable the contractor to provide
to the Department MEP performance report data typically submitted by SEAs; and (6) enable the
contractor to report on the numbers of eligible children in the target States so that the Department
can continue to determine the amount of funds available to provide educational and supportive
services to eligible migratory children in the target States.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>The Department may disclose information contained 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, under a computer matching agreement.
</p><p>
(1) <i>Program Disclosures.</i> The Department may disclose a record in this system of
records to representatives of SEAs, LEAs, MEP local operating agencies (LOAs), public schools,
private and non-public schools, and charter schools to facilitate one or more of the following for a
student: (a) Eligibility for and participation in the MEP, (b) eligibility for federally- or State-
funded programs, (c) coordination and delivery of educational and supportive services, (d)
enrollment in school, (e) grade or course placement, (f) credit accrual, and (g) unique student
match resolution. Unique student match resolution is a process to determine if two students in a
database, who share similar identifying characteristics (e.g. name and date of birth), are the same
student. The Department may disclose a record in this system of records to representatives of
community-based organizations and health and social service providers to help migratory children
overcome social isolation, various health-related problems, and other factors that inhibit the
ability of such children to do well in school. The Department may also disclose a record in this
system of records to institutions of higher education (IHEs) or private nonprofit organizations that
operate a federally funded College Assistance Migrant Program (CAMP) or a High School Equivalency
Program (HEP); State or local government entities, IHEs, or nonprofit organizations that operate a
Migrant Education Even Start (MEES) Program; nonprofit organizations and for-profit organizations
that operate a Migrant and Seasonal Head Start program; and public agencies and private nonprofit
organizations that receive funding from the National Farmworker Jobs Program, so that they can
determine children's eligibility for these Federal grant programs and provide services accordingly.</p>
<p>(2) <i>Contract Disclosure.</i> If the Department contracts with an entity to perform any
function that requires disclosing records in this system to the contractor's employees, the
Department may disclose the records to those employees who have received the appropriate level of
security clearance from the Department. Before entering into such a contract, the Department will
require the contractor to establish and maintain the safeguards required under the Privacy Act (5
U.S.C. 552a(m)) with respect to the records in the system.
</p>
<p>(3) <i>Software Vendor Disclosure.</i> The Department, through its contractor, CSIU, may
disclose the records in this system to the database vendor, Management Services for Education Data
(MS/EdD), for the sole purpose of resolving contractor-initiated calls for assistance related to the
software (MIS2000) used to operate the contractor's database.</p>
<p>(4) <i>Research Disclosure.</i> The Department may disclose records from this system to a
researcher if an appropriate official of the Department determines that the individual or
organization to which the disclosure would be made is qualified to carry out specific research
related to functions or purposes of this system of records. The official may disclose information
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 will be required to
maintain Privacy Act safeguards with respect to the disclosed records.</p>
<p>(5) <i>Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.</i> The
Department may disclose records to the Department of Justice (DOJ) or the Office of Management and
Budget (OMB) if the Department concludes that disclosure is desirable or necessary to determine
whether particular records are required to be disclosed under the FOIA or the Privacy Act.</p>
<p>(6) <i>Disclosure in the Course of Responding to Breach of Data.</i> The Department may
disclose records from this system to appropriate agencies, entities, and persons when: (a) The
Department suspects or has confirmed that the security or confidentiality of information in the
MEBPSD has been compromised; (b) the Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property interests, identity theft or
fraud, or harm to the security or integrity of the MEBPSD or other systems or programs (whether
maintained by the Department or by another agency or entity) that rely upon the compromised
information; and (c) the disclosure made to such agencies, entities, and persons is reasonably
necessary to assist the Department's efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.</p>
<p>(7) <i>Litigation and Alternative Dispute Resolution (ADR) Disclosures.</i></p>
<p>(a) <i>Introduction.</i> In the event that one of the following parties 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:</p>
<p>(i) The Department or any of its components.
</p><p>(ii) Any Department employee in his or her official capacity.
</p><p>(iii) Any Department employee in his or her individual capacity where the DOJ has agreed to or
has been requested to provide or arrange for representation of the employee.
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee.
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(b) <i>Disclosure to DOJ.</i> If the Department determines that disclosure of certain
records to the DOJ, or attorneys engaged by DOJ, is relevant and necessary to litigation or ADR, and
is compatible with the purpose for which the records were collected, the Department may disclose
those records as a routine use to the DOJ.</p>
<p>(c) <i>Adjudicative Disclosure.</i> If the Department determines that disclosure of
certain records to a court, an administrative body before which the Department is authorized to
appear, or an individual or entity designated by the Department or otherwise empowered to resolve or
mediate disputes, is relevant and necessary to the litigation or ADR, and is compatible with the
purpose for which the records were collected, the Department may disclose those records as a routine
use to the adjudicative body or individual or entity.</p>
<p>(d) <i>Disclosures to Parties, Counsel, Representatives, and Witnesses.</i> If the
Department determines that disclosure of certain records to a party, counsel, representative, or
witness is relevant and necessary to the litigation or ADR, and is compatible with the purpose for
which the records were collected, the Department may disclose those records as a routine use to a
party, counsel, representative, or witness.</p>
<p>(8) <i>Congressional Member Disclosure.</i> The Department may disclose records to a
Member of Congress and his or her staff in response to an inquiry from the Member made at the
written request of the individual who requested it. The Member's right to the information is no
greater than the right of the individual who requested it.</p>
	<p>Disclosure to consumer reporting agencies:</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>The main database server of the Department's contractor, CSIU, stores computerized student
records on server hardware. The data are stored in a Firebird Database file. Backup media are
encrypted and transported daily to a second secure location. Electronic records are also stored on
portable devices (e.g., tablet computers and thumb drives) used by contractor and subcontractor
staff.
</p><p>Print data are locked securely at the contractor's and subcontractors' offices. At times,
contractor and subcontractor staff may need to carry print records with them. These records will be
locked securely when not in use.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records in the database are indexed and retrieved by unique numbers assigned to each person. The
Firebird database, located at the main data center, uses Transmission Control Protocol (TCP)
transport within a local computer.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>(1) <i>Introduction</i></p>
<p>Department, contractor, and subcontractor employees who collect, maintain, use, or disseminate
data in this system, must comply with the requirements of the Privacy Act.</p>
<p>(2) <i>Physical Security of Electronic Data</i></p>
<p>Physical security of electronic data will be maintained. The main database server for this system
is located in a secure room at the contractor's data center. Access to the secure room is monitored
electronically. Personnel entering the room without electronic passes are logged in and admitted
only by authorized personnel. The secure room is located behind closed doors in a passage limited to
contractor personnel only. Finally, all entrances to the building are monitored both electronically
and by front-desk personnel.
</p><p>Off-site backup media are encrypted, locked in a container, and transported securely by
contractor staff to a second secure location that is also protected by electronic security measures.
The locked container is stored in a dedicated locked room at the backup location. Access to the room
is controlled by a key that is maintained by the backup location's office manager. The office
manager maintains a log of all individuals who access the room.
</p>
<p>(3) <i>Physical Security of Print Data</i></p>
<p>Physical security of print data will be maintained. Print data will be locked securely at
contractor's and subcontractors' offices. At times, contractor or subcontractor staff may need to
carry print records with them. These records will be locked securely when not in use.
</p>
<p>(4) <i>User Access to Electronic Data</i></p>
<p>Access to the database server and software is restricted to the system administrators for the
MEBPSD. The Database Vendor, MS/EdD, is granted access to server data for the sole purpose of
resolving contractor-initiated calls for assistance. The Department's contractor and the database
vendor maintain a signed confidentiality agreement.
</p><p>All MEBPSD user accounts will be granted by MEBPSD System Administrator staff and will leverage
role-based accounts and security controls to limit access to the database application, its server,
and infrastructure, to authorized users only. MEBPSD System Administrators will grant access to data
in the MEBPSD to authorized contractor and subcontractor staff by creating accounts and assigning
appropriate roles that restrict access based on user category (<i>e.g.,</i> data
administrator, MEP advocate, or project coordinator). MEBPSD System Administrators will grant access
to data in the MEBPSD to the Database Vendor, MS/EdD, as needed, to address contractor initiated
calls for assistance with the database.</p>
<p>The MEBPSD requires the use of "strong" passwords comprised of alphanumeric and
special characters. Department, contractor, and subcontractor staff are granted access to student
information on a "need to know" basis. All physically unsecured database installations,
e.g., user workstations, reside on hard drives that are fully encrypted. Access to the system will
be limited to secure network sessions such as Hypertext Transfer Protocol over Secure Socket Layer
(HTTPS) and Virtual Private Network (VPN) connections.
</p>
<p>All electronic records stored on portable devices reside on fully encrypted hard drives or media.
Electronic documents (e.g., spreadsheets and word processing documents) with student data are
password protected. Records from the system are shared in accordance with the Privacy Act.
</p>
<p>(5) <i>Additional Security Measures</i></p>
<p>The CSIU uses a series of firewalls to limit internal access to specific Internet protocols and
ports as well as intrusion detection systems to monitor any potential unauthorized access to the
MEBPSD. The MIS2000 software logs and tracks login attempts, data modifications, and other key
application events. CSIU staff monitor database and security logs on a regular basis.
</p><p>A third party performs vulnerability scans on a routine basis, and contractor staff monitor the
US Computer Emergency Response Team (CERT) bulletins (see <i>http://www.us-cert.gov/</i>for
more details) and apply operating system and vendor patches as appropriate.</p>
<p>Confidentiality statements are maintained in job descriptions of all contractor and subcontractor
employees. In addition, all contractor and subcontractor employees are required to sign data
safeguarding statements.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the Department's Records Disposition
Schedules as listed under ED 086--Information Systems Supporting Materials.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Migrant Education, U.S. Department of Education, 400 Maryland Avenue SW.,
Room 3E317, Washington, DC 20202-0001.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists regarding you in the system of records, you must
provide the system manager at the address listed under <b >SYSTEM MANAGER AND ADDRESS</b> with
your name, date of birth, and other identification if requested. Your request must meet the
requirements of the Department's Privacy Act regulations in 34 CFR 5b.5, including proof of
identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>If you wish to gain access to a record about you in this system of records, provide the system
manager at the address listed under <b>SYSTEM MANAGER AND ADDRESS</b> with your name, date of
birth, and other identification if requested. Your request must meet the requirements of the
Department's Privacy Act regulations in 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>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 under <b>SYSTEM MANAGER AND ADDRESS</b> with the
information described in the <b>NOTIFICATION PROCEDURE</b> section. Your request for access
to a record must meet the requirements of the Department's Privacy Act regulations in 34 CFR 5b.7,
including proof of identity, specification of the particular record you are seeking to have changed,
and the written justification for making such a change.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>The system will contain records that are obtained from MSIX; SEAs; LOAs; LEAs; schools; health
service providers; social service providers; community based organizations; officials who operate
federally-funded CAMPs, HEPs, MEES, and Migrant and Seasonal Head Start programs and projects;
parents; guardians; spouses; and eligible migratory children.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>None.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

    <section id="ed18-15-01" toc="yes">
        <systemNumber>18-15-01</systemNumber>
        <subsection type="systemName">
            Presidential Cybersecurity Education Award (18–15–01)
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Office of Planning, Evaluation and Policy Development, 400 Maryland Avenue, SW, Washington, DC 20202.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Awards Coordinator, Presidential Cybersecurity Education Award, Office of Planning, Evaluation and Policy Development, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.  The email address is: CyberAwards@ed.gov.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Executive Order 13870 of May 2, 2019, entitled, "America’s Cybersecurity Workforce," as published in the Federal Register at 84 FR 20523 (May 9, 2019) (Executive Order 13870).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The records maintained in this system will be used to (1) review and evaluate applications and nominations of candidates, including, but not limited to, assessing candidate eligibility, in order to select one elementary and one secondary educator to whom the Department will present, on an annual basis, the Presidential Cybersecurity Education Award; (2) develop and implement the Presidential Cybersecurity Education Award program’s annual recognition component; and, (3) carry out the responsibilities set forth in section 3(c) of Executive Order 13870.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>This system contains records on elementary and secondary educators who apply or are nominated for the Presidential Cybersecurity Education Award.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>This system consists of records about each applicant and nominee, including, but not limited to, their:  (1) name, (2) level of education taught; (3) city and State; (4) school, school district, or facility; and, (5) work name, address, email address, and contact number.</p>
                <p>The system also contains applicant or nominee narrative responses addressing the applicant’s or nominee’s superior educator accomplishment (without respect to research, scholarship, or technology development) and the academic achievement of their students.  Examples of information provided in narrative responses regarding the applicant’s or nominee’s superior educator accomplishment include, but are not limited to, whether the educator taught the knowledge, skills, and abilities of the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework; increased cybersecurity career awareness; infused cybersecurity across their educational portfolio; integrated innovative cybersecurity educational approaches; developed work-based learning and training through an educator-employer partnership or consortia; designed academic and/or career pathways aligned to the NICE Framework and the multi-part definition of career pathways set forth in Section 3 of the Workforce Innovation and Opportunity Act; started a successful cyber program, club, competition team, or mentoring program; attended professional development workshops; attended a cyber camp; earned an industry-valued credential or certification in a cybersecurity or cybersecurity-related subject; and scaled or repeated the cybersecurity intervention (e.g., lesson, partnership, etc.) across the school district, State, or country.  Examples of information provided in narrative responses regarding the academic achievement of the educator’s students include, but are not limited to, whether the students achieved high grades; a concentration in a Career Technical Education (CTE) cybersecurity program of study; passage of performance-based assessments; participation in work-based learning opportunity via an internship, apprenticeship, or job; and, an industry-valued credential (including trade or degree) in cybersecurity.  The system also includes information in the narrative responses addressing how the educator has accomplished (if applicable) the following:  (1) built strong foundations for cybersecurity literacy; (2) increased diversity, equity, and inclusion in cybersecurity; and (3) prepared the cybersecurity workforce for the future.</p>
                <p>The system also contains references provided in connection with applications and nominations, such as references from principals, school district superintendents, and general references (e.g., a parent, local industry leader, community leader, etc., with whom the educator has worked before), including the references’ work contact email addresses and telephone numbers.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system is obtained from individual educators who apply and persons submitting nominations on behalf of other educators.  Information also may be obtained from other persons or entities from which data is obtained under the routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 (Privacy Act), under a computer matching agreement.</p>
                <p>(1) Programmatic Purposes.  The Department may disclose information from this system of records as part of the Department’s review and evaluation of candidate applications and nominations, and in order to promote the selection and recognition of recipients of the Presidential Cybersecurity Education Award, along with the visibility of the award itself, to the following entities for the purposes specified:</p>
                <p>(a) Disclosures to the General Public Announcing the Awardees.  The Department will disclose to the general public, via the Department’s website, the name, State, city, and school name of each awardee.</p>
                <p>(b) Disclosures to Individuals and Entities Assisting the Department in Arranging Awardee Accommodations, Transportation, and Other Services.  The Department may provide information from this system of records to individuals and entities, such as vendors, in preparation for and in connection with the awards ceremony held, annually, by the Department in Washington, DC, and related educational and celebratory activities.</p>
                <p>(c) Disclosures to National, State, and Local Media to Publicize the Awardees and Respond to Press Inquiries about Them.  The Department may disclose awardee information from this system of records to national, State, and local media for the purposes of publicizing the awardees and responding to press inquiries about them.</p>
                <p>(d) Disclosures to the White House and Federal Agencies for Briefings, Speechwriting, or to Obtain Security Clearances.  The Department may disclose awardee information from this system of records to the White House and Federal agencies for any speechwriting and briefings for officials addressing the awardees or guests at recognition events, or to permit awardees to obtain security clearances to attend such events or to gain entry into buildings with limited access, as appropriate.  </p>
                <p>(e) Disclosures to National, State, and Locally Elected Officials and Their Respective Staff to Notify Them of Awardees in their States or Districts or to Assist with Other Activities to Recognize These Individuals.  The Department may disclose records from this system of records to national, State, and locally elected officials to notify them of awardees in their States or districts or to assist with preparing congratulatory letters, certificates, or other honors or scheduling events or office visits in Washington, DC, or elsewhere.</p>
                <p>(f) Disclosures to State and Local Education Officials to Notify Them of Awardees in Their States, Districts, or Schools.  The Department may disclose awardee information from this system of records to Chief State School Officers, Superintendents of school districts, principals, and guidance counselors for the purpose of notifying them of the awardees in their States, districts, or schools.</p>
                <p>(g)  Disclosures to References.  The Department may disclose information on applicants and nominees to references listed in applications and nominations in order to permit the Department to verify:  (1) superior educator accomplishment; (2) academic achievement by the educator’s students; and (3) that the educator is in good standing, such as that the educator is not on probation, has received positive yearly reviews, etc.</p>
                <p>(2) Enforcement Disclosure.  In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records 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.</p>
                <p>(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p>(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 certain records to the parties described in paragraphs (b), (c), and (d) of this routine use under the conditions specified in those paragraphs:</p>
                <p>(i) The Department of Education, or any component of the Department;</p>
                <p>(ii) Any Department employee in his or her official capacity;</p>
                <p>(iii) Any Department employee in his or her individual capacity if the Department of Justice (DOJ) has agreed or has been requested to provide or arrange for representation for the employee;</p>
                <p>(iv) Any Department employee in his or her individual capacity if the agency has agreed to represent the employee; or</p>
                <p>(v) The United States if the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p>(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.</p>
                <p>(c) Adjudicative Disclosures.  If the Department determines that it is relevant and necessary to the litigation or ADR to disclose certain records to an adjudicative body, whether judicial or administrative, 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.</p>
                <p>(d) Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
                <p>(4) Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records from this system of records to the DOJ or 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.</p>
                <p>(5) Disclosure to the DOJ.  The Department may disclose records from this system of 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 Presidential Cybersecurity Education Awards covered by this system.</p>
                <p>(6) 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 shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(7) Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher shall be required to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
                <p>(8) 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.</p>
                <p>(9) Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records from this system of 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 operation), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist the Department's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</p>
                <p>(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.</p>
               </xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

        <p>The records are maintained on an access-controlled electronic system.</p>
    
    </xhtmlContent>
    </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>The records are retrieved by the applicant’s or nominee’s name, State, school, and year of nomination, if applicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                >
                <p> All records are retained and disposed of in accordance with Department Records Schedule 102:  Recognition Programs Files (N1-441-09-6), Items (d) and (e).  The Department will transfer official recognition program records, such as final publications awards, photographs, and videos, to the National Archives and Records Administration annually upon the close of the program awards cycle.  Background recognition program records, namely, records received as part of the application or nomination process, may be destroyed four (4) years after cut off, which occurs annually upon the close of the program awards cycle.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>All physical access to the Department of Education site where this system of records is maintained and the sites of the Department of Education’s staff and contractors with access to the system is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge.</p>
                <p>The computer systems employed by the Department and its contractors offer a high degree of security against tampering and circumvention.  These security systems limit data access to Department and contract personnel on a "need to know" basis and control individual users’ ability to access and alter records within the system.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>If you wish to gain access to a record regarding you in the system of records, contact the system manager at the address listed above.  You must provide necessary particulars, such as your name 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 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>If you wish to contest the content of a record regarding you in the system of records, contact the system manager.  You must provide necessary particulars, such as your name 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 34 CFR 5b.7.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>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.  You must provide necessary particulars, such as your name 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 34 CFR 5b.5, including proof of identity.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> None.</p>
            </xhtmlContent>
        </subsection>
    </section>



    <section id="ed18-16-01" toc="yes">
<systemNumber>18-16-01</systemNumber>
<subsection type="systemName">OSEP Customer Service Tracking System.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
	<subsection type="systemLocation"><xhtmlContent><p>Monitoring and State Improvement Planning Division, Office of Special Education Programs
(OSEP), Office of Special Education and Rehabilitative Services (OSERS), Mary E. Switzer Building,
330 C Street, SW., Room 3630, Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>This system covers parents, advocates, State personnel and other third parties who contact
OSEP with inquiries or complaints related to special education. OSEP staff, especially the Customer
Service Specialists (CSS), receive letters, e-mails, facsimiles and telephone calls from State
personnel and parents about disability issues related to children with disabilities.
</p><p>These complaints and inquiries are tracked by an electronic system that maintains customer
demographic data, as well as information on the content of the complaints and inquiries. The system
also allows OSEP to maintain a detailed history of the interactions between callers and/or writers
and the CSS.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system consists of records relating to inquiries or complaints made to OSEP staff,
including but not limited to: The writer's and/or caller's name; the name, age and type of
disability of the child about whom the writer/caller is inquiring about; the writer's or caller's
address, including an e-mail address; the school district involved in the inquiry or complaint; the
writer's or caller's phone number; the issue that the writer and/or caller is raising; a
recommendation from the CSS for further action; and comments from the CSS.
</p><p>This notice does not cover records, including but not limited to letters, e-mails and facsimiles,
sent by individuals to the Secretary, Deputy Secretary, Senior Officers such as the Assistant
Secretary of OSERS and the Director of OSEP for whom the Department controls responses to such
inquiries. Further, this notice does not cover the official correspondence files of OSEP,
specifically the hard copies of official documents and electronic images of certain incoming and
outgoing documents. These records are considered covered by the Department's system of records 18
-01-01, Secretary's Communication Control System.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title I of the Individuals with Disabilities Education Act (IDEA), as amended, 20 U.S.C.
1402.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system of records is maintained to provide its customers (parents, advocates and
others) with more responsive, consistent service; to better track the large number of calls and
other inquiries received; to provide trend analysis by issue; to develop a profile of the issues
that arise in a certain State; to assist OSEP as a management tool in the preparation of reports,
and to monitor State implementation of the IDEA.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The Department of Education (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 Computer Matching and Privacy Protection Act of 1998,
under a computer matching agreement.
</p><p>(1) Freedom of Information Act (FOIA) Advice Disclosure. The Department may disclose records to
DOJ and OMB if the Department seeks advice regarding whether records maintained in the system of
records must be released under the FOIA and the Privacy Act of 1974.
</p><p>(2) 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.
</p><p>(3) 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. Before entering into such a
contract, the Department shall require the contractor to maintain Privacy Act safeguards as required
under 5 U.S.C. 552a(m) with respect to the records in the system.
</p><p>(4) Litigation and Alternative Dispute Resolution (ADR) Disclosures.
</p><p>(a) Introduction. In the event that one of the following parties 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:
</p><p>(i) The Department, or any of its components; or
</p><p>(ii) Any Department employee in his or her official capacity; or
</p><p>(iii) Any Department employee in his or her official capacity where the DOJ is requested to
provide or arrange for representation of the employee;
</p><p>(iv) Any Department employee in his or her individual capacity where the Department has agreed to
represent the employee; or
</p><p>(v) The United States where the Department determines that the litigation is likely to affect the
Department or any of its components.
</p><p>(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, and is compatible with the purpose for which the
records were collected, the Department may disclose those records as a routine use to the DOJ.
</p><p>(c) Adjudicative disclosures. If the Department determines that disclosure of certain records to
an adjudicative body before which the Department is authorized to appear, an individual 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, individual, or entity.
</p><p>(d) Parties, counsels, representatives and witnesses. If the Department determines that
disclosure of certain records to a party, counsel, representative or witness is relevant and
necessary to the litigation or ADR, the Department may disclose those records as a routine use to
the party, counsel, representative or witness.
</p><p>(5) Research Disclosure. The Department may disclose records to a researcher if an appropriate
official of the Department determines that the individual or organization to which the disclosure
would be made is qualified to carry out specific research related to functions or purposes of this
system of records. The official may disclose records from this system of records to that researcher
solely for the purpose of carrying out that research related to the functions or purposes of this
system of records. The researcher shall be required to maintain Privacy Act safeguards with respect
to the disclosed records.
</p><p>(6) 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.
</p><p>(7) 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.
</p><p>Disclosures to consumer reporting agencies:
</p><p>Not applicable to this system of records.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>The information in the tracking system will be stored on a server maintained by the
Department of Education. Records generated by the system will be maintained electronically on the
server.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>This system will only be accessible to Departmental contractors and employees of OSEP. Each
record in this system can be retrieved by entering in any of the categories of information listed
under the "Categories of Records In This System"  in this notice.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The primary users of this system, Monitoring and State Improvement Planning Division (MSIP)
employees in OSEP, will enter a unique user ID as well as a password to enter the system. This user
ID and password will be in addition to the user ID and password that all Department employees must
enter to access the Department's computer system. Users will be required to change their passwords
periodically, and they will not be allowed to repeat old passwords. Any individual attempting to log
on who fails is locked out of the system after three attempts. Access after that time requires
intervention by the system manager.
</p><p>The computer system employed by the U.S. Department of Education 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.
</p><p>The location of the server includes safeguards and firewalls, including the physical security of
the server room. In addition, the server is located in a secure room, with limited access only
through a special pass. Further, all physical access to the site where the server is maintained is
controlled and monitored by security personnel who check each individual entering the building for
his or her employee or visitor badge.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system will be retained in accordance with the National Archives and Records
Administration (NARA) General Records Schedule 20, Item 1.c which provides disposal authorization
for electronic files and hard-copy printouts created to monitor system usage. Records will be
deleted or destroyed when the agency determines they are no longer needed for administrative, legal,
audit, or other operational purposes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy, MSIP Division, Office of Special Education Programs, Office of Special Education and
Rehabilitative Services, U.S. Department of Education, Mary E. Switzer Building, Room 3630, 330 C
Street, SW., Washington, DC 20202.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>If you wish to determine whether a record exists about you in the system of records, provide
the system manager with your name or your child's name and your address. Your request for
notification must also meet the requirements of the regulations at 34 CFR 5b.5, including proof of
identity. You may also present your request in person or make your request in writing to the system
manager at the above address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Request to access a record must also reasonably specify the record contents sought and
otherwise meet the requirements of the regulations at 34 CFR 5b.5, including proof of identity.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>If you wish to change the content of a record in this system of records, you must contact
the system manager at the above address and follow the steps outlined in the Notification procedure.
Requests to amend a record must also reasonably identify the record, specify the information being
contested, provide in writing your reasons for requesting the change, and otherwise meet the
regulations at 34 CFR 5b.7.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system is obtained from parents, advocates, and other third parties that
contact OSEP with concerns or complaints related to special education.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ed18-16-02" toc="yes">
<systemNumber>18-16-02</systemNumber>
    <subsection type="systemName">
        <p>Case Service Report (RSA-911) (18-16-02).</p>
    </subsection>
    <subsection type="securityClassification">
        <xhtmlContent>
            <p>Unclassified.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Data Collection &amp; Analysis Unit, Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, U.S. Department of Education, 550 12th Street SW, Washington, DC 20202-2800.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Chief, Data Collection &amp; Analysis Unit, Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, U.S. Department of Education, 550 12th Street SW, Washington, DC 20202-2800.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>The Rehabilitation Act of 1973 (the Act), as amended by title IV of the Workforce Innovation and Opportunity Act (WIOA), as well as by section 116 of WIOA.  Specifically, sections 101(a)(10) and 106 of the Act contain data collection and reporting requirements under the State Vocational Rehabilitation (VR) Services program, and section 607 of the Act contains relevant data collection requirements under the State Supported Employment (SE) Services program.  Furthermore, section 116 of WIOA requires VR agencies to collect and report certain required data for purposes of the common performance accountability system applicable to all six core programs of the workforce development system, including the VR program.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>This system of records is maintained for program performance and accountability, and for research, monitoring, and evaluation purposes and is required by the Act and title I of WIOA.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>The system contains records on individuals who are participating in or who have exited from the VR program, and the SE program as applicable, during each program year.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>This system of records contains records relating to individuals who are participating in or who have exited the VR program and SE program, as applicable, including, but not limited to the following:  Social Security number (SSN), date of birth (DOB), gender, disability characteristics, demographic information including race and ethnicity, services and training, health insurance, employment status, employment outcomes, earnings, ex-offender status, other barriers to employment, and other program data elements noted in the RSA-911.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>The information in this system is obtained from State VR agencies pursuant to Federal reporting requirements. These agencies collect data directly from individuals with disabilities, employers, educational institutions, and the State-level interagency exchange of data (e.g., State Unemployment Insurance Agencies’ wage records).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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 (Privacy Act), under a computer matching agreement.</p>
            <p>(1)  Freedom of Information Act (FOIA) and Privacy Act Advice Disclosure.  The Department may disclose records to the U.S. Department of Justice (DOJ) or the Office of Management and Budget (OMB) if the Department seeks advice regarding whether records maintained in the system of records must be released under the FOIA or the Privacy Act.</p>
            <p>(2)  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.</p>
            <p>(3)  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 shall require the contractor to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
            <p>(4)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
            <p>(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:</p>
            <p>(i)  The Department, or any of its components;</p>
            <p>(ii)  Any Department employee in his or her official capacity;</p>
            <p>(iii)  Any Department employee in his or her individual capacity if the DOJ agrees or has been requested to provide or to arrange for representation of the employee;</p>
            <p>(iv)  Any Department employee in his or her individual capacity if the Department has agreed to represent the employee; or</p>
            <p>(v)  The United States if the Department determines that the litigation is likely to affect the Department or any of its components.</p>
            <p>(b)  Disclosure to the DOJ.  If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to judicial or administrative litigation or ADR and is compatible with the purpose for which the records were collected, the Department may disclose those records as a routine use to the DOJ.</p>
            <p>(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 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.</p>
            <p>(d)  Disclosure to Parties, Counsel, Representatives, and Witnesses.  If the Department determines that disclosure of certain records to a party, counsel, representative, or witness is relevant and necessary to the judicial or administrative litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.</p>
            <p>(5)  Research Disclosure.  The Department may disclose records to a researcher if an appropriate official of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records.  The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records.  The researcher shall be required to agree to establish and maintain safeguards to protect the security and confidentiality of the disclosed records.</p>
            <p>(6)  Congressional Member Disclosure.  The Department may disclose information 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.</p>
            <p>(7)  Enforcement Disclosure.  If 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, regulations, 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, regulations, or order issued pursuant thereto.</p>
            <p>(8)  Disclosure to Other Federal Agencies.  The Department may disclose records to other Federal agencies, including the Social Security Administration and the U.S. Department of Veterans Affairs, for program research and evaluation purposes.</p>
            <p> (9)  Disclosure in the Course of Responding to a Breach of Data.  The Department may disclose records to appropriate agencies, entities, and persons when (a) the Department suspects or has confirmed that there has been a breach of the system of records; (b) the Department has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Department (including its information systems, 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.</p>
            <p>(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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>System records are maintained in database servers.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>Each record in this system can be retrieved by any of the categories of information listed under the CATEGORIES OF RECORDS IN THE SYSTEM section in this notice.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>The Department shall submit a retention and disposition schedule that covers the records contained in this system to the National Archives and Records Administration (NARA) for review.  The records will not be destroyed until such time as NARA approves said schedule.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>Access to this system will require a unique user identification as well as a password to enter the system.  Users will be required to change their passwords periodically, and they will not be allowed to repeat old passwords.  Any individual attempting to log on who fails is locked out of the system after three attempts.  Access after that time requires intervention by the system manager.</p>
            <p> 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.</p>
            <p>The location of the server includes safeguards and firewalls, including the physical security of the server room.  In addition, the server is located in a secure room, with limited access only through a special pass.  Further, all physical access to the site where the server is maintained is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge.</p>
            <p>In addition to these controls, the Department’s policies and procedures require that computers are not left unattended when users access the database and require that sensitive information is placed out of sight if visitors are present.</p>
            <p>The Department’s policies and procedures ensure that shared output does not contain sensitive information and that aggregated data cannot be used to identify individuals.</p>
            <p> In addition, the following guidelines and procedures have been implemented for protecting sensitive data and resources in this system:</p>
            <p>
                •	Users must use two-factor authentication to access the Department of Education network.
            </p>
            <p>
                •	Users are not permitted to copy files to portable electronic media such as compact discs or USB drives.
            </p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>If you wish to gain access to your record in the system of records, contact the system manager at the address listed above.  You must provide necessary particulars such as your name, DOB, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Requests by an individual for access to a record must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>If you wish to change the content of a record regarding you in this system of records, you must contact the system manager at the address listed above and provide your name, DOB, SSN and any other identifying information requested by the Department.  Your request must also reasonably identify the record and provide a written justification for the change.  Requests to amend a record must meet the regulations in 34 CFR 5b.7.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>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.  You must provide necessary particulars such as your name, DOB, SSN, and any other identifying information requested by the Department while processing the request to distinguish between individuals with the same name.  Requests must meet the requirements of the regulations in 34 CFR 5b.5.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="history">
        <xhtmlContent>
            <p>The system of records was originally published in the Federal Register on April 8, 2004 (69 FR 18724).</p>
        </xhtmlContent></subsection></section>
    <section id="ed18-16-04" toc="yes">
        <systemNumber>18-16-04</systemNumber>
        <subsection type="systemName">
            Personnel Development Program Data Collection System (PDPDCS) (18-16-04).
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
               
                    <p> Unclassified.</p></xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p> (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</p>
                <p> (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.</p>
                <p> (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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p> This system of records is authorized for each program office by the following legal authorities:</p>
                <p> 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--</p>
                <p> (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;</p>
                <p> (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</p>
                <p> (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.</p>
                <p> This system of records is also authorized by section 4 of the Government Performance and Results Act of 1993 (GPRA), Pub. L. 103-62.</p>
                <p> 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.</p>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p> 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.</p>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p> 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 scholars, their service obligation, and the amount of funding received.</p>
                <p> 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.</p>
                <p> 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.</p>
                <p> Additionally, the Department may collect records from other persons or entities from which data is obtained under the routine uses set forth below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> 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.</p>
                <p> (1)  Program Purposes.  The Department may disclose records from this system of records:</p>
                <p> (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.</p>
                <p> (b)  To the grantees for monitoring, enforcement, or technical assistance related to the scholars’ employment.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (5)  Litigation and Alternative Dispute Resolution (ADR) Disclosure.</p>
                <p> (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:</p>
                <p> (i)  The Department or any of its components;</p>
                <p> (ii)  Any Department employee in his or her official capacity;</p>
                <p> (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;</p>
                <p> (iv)  Any Department employee in his or her individual capacity where the Department has agreed to represent the employee; or</p>
                <p> (v)  The United States where the Department determines that the litigation is likely to affect the Department or any of its components.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p> (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.</p>
                <p>(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 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.</p>
                <p> (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.</p>
                <p>Disclosure to consumer reporting agencies:</p>
                <p> 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).</p>
           
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> Records in this system are indexed by a unique number assigned by the PDPDCS to each individual.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p> 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.</p>
                <p> 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.</p>
                <p> 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.</p>
                <p> 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."</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p> 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.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p> None.</p>
                </xhtmlContent>
        </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p> 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 Act of 1993 (GPRA)" (18-16-04) has only previously been published in the Federal Register on October 24, 2008 (73 FR 63453-63457). </p>
            </xhtmlContent>
        </subsection>
    </section>



    <regulations id="reg" toc="yes">
        <regulationsTitle number="34">
            <heading> Education </heading>
            <regulationsPart number="99">
                <heading>
                    FAMILY EDUCATIONAL RIGHTS AND PRIVACY 
                </heading>
                <xhtmlContent>
                    <p> See CFR for current regulations</p>                   
            
</xhtmlContent>
</regulationsPart>
</regulationsTitle>


<regulationsTitle number="45">
<heading> Public Welfare </heading>
<regulationsPart number="5b">
<heading> PRIVACY ACT REGULATIONS
</heading>
<xhtmlContent>
<p>Sec.
</p>
<p>5b.1 Definitions.
</p>
<p>5b.2 Purpose and scope.
</p>
<p>5b.3 Policy.
</p>
<p>5b.4 Maintenance of records.
</p>
<p>5b.5 Notification of or access to records.
</p>
<p>5b.7 Procedures for correction or amendment of records.
</p>
<p>5b.8 Appeals of refusals to correct or amend records.
</p>
<p>5b.9 Disclosure of records.
</p>
<p>5b.10 Parents and guardians.
</p>
<p>5b.11 Exempt systems.
</p>
<p>5b.12 Contractors.
</p>
<p>5b.13 Fees.
</p>
<p>Appendix A to Part 5b--Employee Standards of Conduct
</p>
<p>Appendix B to Part 5b--Routine Uses Applicable to More Than One System of Records Maintained
by ED
</p>
<p><b>Authority:</b> 5 U.S.C. 301, 5 U.S.C. 552a.
</p>
<p><b>Source:</b> 40 FR 47409, Oct. 8, 1975, unless otherwise noted.

</p>
<p><b>&#167; 5b.1
 Definitions.
</b></p>
<p>As used in this part:
</p>
<p>(a) <i>Access</i> means availability of a record to a subject individual.
</p>
<p>(b) <i>Agency</i> means the Department of Education.
</p>
<p>(c) <i>Department</i> means the Department of Education.
</p>
<p>(d) <i>Disclosure</i> means the availability or release of a record to anyone other than the
subject individual.
</p>
<p>(e) <i>Individual</i> means a living person who is a citizen of the United States or an alien
lawfully admitted for permanent residence. It does not include persons such as sole proprietorships,
partnerships, or corporations. A business firm which is identified by the name of one or more
persons is not an individual within the meaning of this part.
</p>
<p>(f) <i>Maintain</i> means to maintain, collect, use, or disseminate when used in connection with
the term ?record?; and, to have control over or responsibility for a system of records
when used in connection with the term ?system of records.?
</p>
<p>(g) <i>Notification</i> means communication to an individual whether he is a subject individual.
</p>
<p>(h) <i>Record</i> means any item, collection, or grouping of information about an individual that
is maintained by the Department, including but not limited to the individual?s education, financial
transactions, medical history, and criminal or employment history and that contains his name, or an
identifying number, symbol, or other identifying particular assigned to the individual, such as a
finger or voice print or a photograph. When used in this part, record means only a record which is
in a system of records.
</p>
<p>(i) <i>Responsible Department official</i> means that officer who is listed in a notice of a
system of records as the system manager for a given system of records or another individual listed
in the notice of a system of records to whom requests may be made, or the designee of either such
officer or individual.
</p>
<p>(j) <i>Routine use</i> means the disclosure of a record outside the Department, without the
consent of the subject individual, for a purpose which is compatible with the purpose for which the
record was collected. It includes disclosures required to be made by statute other than the Freedom
of Information Act, 5 U.S.C. 552. It does not include disclosures which are permitted to be made
without the consent of the subject individual which are not compatible with the purpose for which it
was collected such as disclosures to the Bureau of the Census, the General Accounting Office, or to
Congress.
</p>
<p>(k) <i>Secretary</i> means the Secretary of Education.
</p>
<p>(l) <i>Statistical record</i> means a record maintained for statistical research or reporting
purposes only and not maintained to make determinations about a particular subject individual.
</p>
<p>(m) <i>Subject individual</i> means that individual to whom a record pertains.
</p>
<p>(n) <i>System of records</i> means any group of records under the control of the Department from
which a record is retrieved by personal identifier such as the name of the individual, number,
symbol or other unique retriever assigned to the individual. Single records or groups of records
which are not retrieved by a personal identifier are not part of a system of records. Papers
maintained by individual employees of the Department which are prepared, maintained, or discarded at
the discretion of the employee and which are not subject to the Federal Records Act, 44 U.S.C. 2901,
are not part of a system of records; <i>Provided,</i> That such personal papers are not used by the
employee or the Department to determine any rights, benefits, or privileges of individuals.
</p>
<p>[45 FR 30808, May 9, 1980; 45 FR 37426, June 3, 1980]

</p>
<p><b>&#167; 5b.2
 Purpose and scope.
</b></p>
<p>(a) This part implements section 3 of the Privacy Act of 1974, 5 U.S.C. 552a (hereinafter
referred to as the Act), by establishing agency policies and procedures for the maintenance of
records. This part also establishes agency policies and procedures under which a subject individual
may be given notification of or access to a record pertaining to him and policies and procedures
under which a subject individual may have his record corrected or amended if he believes that his
record is not accurate, timely, complete, or relevant or necessary to accomplish a Department
function.
</p>
<p>(b) All components of the Department are governed by the provisions of this part. Also governed
by the provisions of this part are advisory committees and councils within the meaning of the
Federal Advisory Committee Act which provide advice to (1) any official or component of the
Department or (2) the President and for which the Department has been delegated responsibility for
providing services.
</p>
<p>(c) Employees of the Department governed by this part include all regular and special government
employees of the Department; experts and consultants whose temporary (not in excess of 1 year) or
intermittent services have been procured by the Department by contract pursuant to 3109 of title 5,
United States Code; volunteers where acceptance of their services are authorized by law; those
individuals performing gratuitous services as permitted under conditions prescribed by the Office of
Personnel Management; and, participants in work-study or training programs.
</p>
<p>(d) This part does not:
</p>
<p>(1) Make available to a subject individual records which are not retrieved by that individual?s
name or other personal identifier.
</p>
<p>(2) Make available to the general public records which are retrieved by a subject individual?s
name or other personal identifier or make available to the general public records which would
otherwise not be available to the general public under the Freedom of Information Act, 5 U.S.C. 552,
and part 5 of this title.
</p>
<p>(3) Govern the maintenance or disclosure of, notification of or access to, records in the
possession of the Department which are subject to regulations of another agency, such as personnel
records subject to the regulations of the Office of Personnel Management.
</p>
<p>(4) Apply to grantees, including State and local governments or subdivisions thereof,
administering federally funded programs.
</p>
<p>(5) Make available records compiled by the Department in reasonable anticipation of court
litigation or formal administrative proceedings. The availability of such records to the general
public or to any subject individual or party to such litigation or proceedings shall be governed by
applicable constitutional principles, rules of discovery, and applicable regulations of the
Department.

</p>
<p><b>&#167; 5b.3
 Policy.
</b></p>
<p>It is the policy of the Department to protect the privacy of individuals to the fullest
extent possible while nonetheless permitting the exchange of records required to fulfill the
administrative and program responsibilities of the Department, and responsibilities of the
Department for disclosing records which the general public is entitled to have under the Freedom of
Information Act, 5 U.S.C. 552, and part 5 of this title.

</p>
<p><b>&#167; 5b.4
 Maintenance of records.
</b></p>
<p>(a) No record will be maintained by the Department unless:
</p>
<p>(1) It is relevant and necessary to accomplish a Department function required to be accomplished
by statute or Executive Order;
</p>
<p>(2) It is acquired to the greatest extent practicable from the subject individual when
maintenance of the record may result in a determination about the subject individual?s rights,
benefits or privileges under Federal programs;
</p>
<p>(3) The individual providing the record is informed of the authority for providing the record
(including whether the providing of the record is mandatory or voluntary, the principal purpose for
maintaining the record, the routine uses for the record, what effect his refusal to provide the
record may have on him), and if the record is not required by statute or Executive Order to be
provided by the individual, he agrees to provide the record.
</p>
<p>(b) No record will be maintained by the Department which describes how an individual exercises
rights guaranteed by the First Amendment unless expressly authorized (1) by statute, or (2) by the
subject individual, or (3) unless pertinent to and within the scope of an authorized law enforcement
activity.

</p>
<p><b>&#167; 5b.5
 Notification of or access to records.
</b></p>
<p>(a) <i>Times, places, and manner of requesting notification of or access to a record.</i>
(1) Any individual may request notification of a record. He may at the same time request access to
any record pertaining to him. An individual may be accompanied by another individual of his choice
when he requests access to a record in person; <i>Provided,</i> That he affirmatively authorizes the
presence of such other individual during any discussion of a record to which access is requested.
</p>
<p>(2) An individual making a request for notification of or access to a record shall address his
request to the responsible Department official and shall verify his identity when required in
accordance with paragraph (b)(2) of this section. At the time the request is made, the individual
shall specify which systems of records he wishes to have searched and the records to which he wishes
to have access. He may also request that copies be made of all or any such records. An individual
shall also provide the responsible Department official with sufficient particulars to enable such
official to distinguish between records on subject individuals with the same name. The necessary
particulars are set forth in the notices of systems of records.
</p>
<p>(3) An individual who makes a request in person may leave with any responsible Department
official a request for notification of or access to a record under the control of another
responsible Department official; <i>Provided,</i> That the request is addressed in writing to the
appropriate responsible Department official.
</p>
<p>(b) <i>Verification of identity</i>--(1) <i>When required.</i> Unless an individual, who is
making a request for notification of or access to a record in person, is personally known to the
responsible Department official, he shall be required to verify his identity in accordance with
paragraph (b)(2) of this section if:
</p>
<p>(i) He makes a request for notification of a record and the responsible Department official
determines that the mere disclosure of the existence of the record would be a clearly unwarranted
invasion of privacy if disclosed to someone other than the subject individual; or,
</p>
<p>(ii) He makes a request for access to a record which is not required to be disclosed to the
general public under the Freedom of Information Act, 5 U.S.C. 552, and part 5 of this title.
</p>
<p>(2) <i>Manner of verifying identity.</i> (i) An individual who makes a request in person shall
provide to the responsible Department official at least one piece of tangible identification such as
a driver?s license, passport, alien or voter registration card, or union card to verify his
identity. If an individual does not have identification papers to verify his identity, he shall
certify in writing that he is the individual who he claims to be and that he understands that the
knowing and willful request for or acquisition of a record pertaining to an individual under false
pretenses is a criminal offense under the Act subject to a $5,000 fine.
</p>
<p>(ii) Except as provided in paragraph (b)(2)(v) of this section, an individual who does not make a
request in person shall submit a notarized request to the responsible Department official to verify
his identity or shall certify in his request that he is the individual who he claims to be and that
he understands that the knowing and willful request for or acquisition of a record pertaining to an
individual under false pretenses is a criminal offense under the Act subject to a $5,000 fine.
</p>
<p>(iii) An individual who makes a request on behalf of a minor or legal incompetent as authorized
under &#167; 5b.10 of this part shall verify his relationship to the minor or legal
incompetent, in addition to verifying his own identity, by providing a copy of the minor?s birth
certificate, a court order, or other competent evidence of guardianship to the responsible
Department official; <i>except that,</i> an individual is not required to verify his relationship to
the minor or legal incompetent when he is not required to verify his own identity or when evidence
of his relationship to the minor or legal incompetent has been previously given to the responsible
Department official.
</p>
<p>(iv) An individual shall further verify his identity if he is requesting notification of or
access to sensitive records. Any further verification shall parallel the record to which
notification or access is being sought. Such further verification may include such particulars as
the individual?s years of attendance at a particular educational institution, rank attained in the
uniformed services, date or place of birth, names of parents, or an occupation.
</p>
<p>(v) An individual who makes a request by telephone shall verify his identity by providing to the
responsible Department official identifying particulars which parallel the record to which
notification or access is being sought. If the responsible Department official determines that the
particulars provided by telephone are insufficient, the requester will be required to submit the
request in writing or in person. Telephone requests will not be accepted where an individual is
requesting notification of or access to sensitive records.
</p>
<p>(c) <i>Granting notification of or access to a record.</i> (1) Subject to the provisions
governing exempt systems in &#167; 5b.11 of this part, a responsible Department official, who
receives a request for notification of or access to a record and, if required, verification of an
individual?s identity, will review the request and grant notification or access to a record, if the
individual requesting access to the record is the subject individual.
</p>
<p>(2) If the responsible Department official determines that there will be a delay in responding to
a request because of the number of requests being processed, a breakdown of equipment, shortage of
personnel, storage of records in other locations, etc., he will so inform the individual and
indicate when notification or access will be granted.
</p>
<p>(3) Prior to granting notification of or access to a record, the responsible Department official
may at his discretion require an individual making a request in person to reduce his request to
writing if the individual has not already done so at the time the request is made.

</p>
<p><b>&#167; 5b.7
 Procedures for correction or amendment of records.
</b></p>
<p>(a) Any subject individual may request that his record be corrected or amended if he
believes that the record is not accurate, timely, complete, or relevant or necessary to accomplish a
Department function. A subject individual making a request to amend or correct his record shall
address his request to the responsible Department official in writing; <i>except that,</i> the
request need not be in writing if the subject individual makes his request in person and the
responsible Department official corrects or amends the record at that time. The subject individual
shall specify in each request:
</p>
<p>(1) The system of records from which the record is retrieved;
</p>
<p>(2) The particular record which he is seeking to correct or amend;
</p>
<p>(3) Whether he is seeking an addition to or a deletion or substitution of the record; and,
</p>
<p>(4) His reasons for requesting correction or amendment of the record.
</p>
<p>(b) A request for correction or amendment of a record will be acknowledged within 10 working days
of its receipt unless the request can be processed and the subject individual informed of the
responsible Department official?s decision on the request within that 10 day period.
</p>
<p>(c) If the responsible Department official agrees that the record is not accurate, timely, or
complete based on a preponderance of the evidence, the record will be corrected or amended. The
record will be deleted without regard to its accuracy, if the record is not relevant or necessary to
accomplish the Department function for which the record was provided or is maintained. In either
case, the subject individual will be informed in writing of the correction, amendment, or deletion
and, if accounting was made of prior disclosures of the record, all previous recipients of the
record will be informed of the corrective action taken.
</p>
<p>(d) If the responsible Department official does not agree that the record should be corrected or
amended, the subject individual will be informed in writing of the refusal to correct or amend the
record. He will also be informed that he may appeal the refusal to correct or amend his record
&#167; 5b.8 of this part.
</p>
<p>(e) Requests to correct or amend a record governed by the regulation of another government
agency, <i>e.g.,</i> Office of Personnel Management, Federal Bureau of Investigation, will be
forwarded to such government agency for processing and the subject individual will be informed in
writing of the referral.

</p>
<p><b>&#167; 5b.8
 Appeals of refusals to correct or amend records.
</b></p>
<p>(a) <i>Processing the appeal.</i> (1) A subject individual who disagrees with a refusal to
correct or amend his record may appeal the refusal in writing. All appeals shall be made to the
Secretary.
</p>
<p>(2) An appeal will be completed within 30 working days from its receipt by the appeal authority;
<i>except that,</i> the appeal authority may for good cause extend this period for an additional 30
days. Should the appeal period be extended, the subject individual appealing the refusal to correct
or amend the record will be informed in writing of the extension and the circumstances of the delay.
The subject individual?s request to amend or correct the record, the responsible Department
official?s refusal to correct or amend, and any other pertinent material relating to the appeal will
be reviewed. No hearing will be held.
</p>
<p>(3) If the appeal authority agrees that the record subject to the appeal should be corrected or
amended, the record will be amended and the subject individual will be informed in writing of the
correction or amendment. Where an accounting was made of prior disclosures of the record, all
previous recipients of the record will be informed of the corrective action taken.
</p>
<p>(4) If the appeal is denied, the subject individual will be informed in writing:
</p>
<p>(i) Of the denial and the reasons for the denial;
</p>
<p>(ii) That he has a right to seek judicial review of the denial; and,
</p>
<p>(iii) That he may submit to the responsible Department official a concise statement of
disagreement to be associated with the disputed record and disclosed whenever the record is
disclosed.
</p>
<p>(b) <i>Notation and disclosure of disputed records.</i> Whenever a subject individual submits a
statement of disagreement to the responsible Department official in accordance with paragraph (a)(4)
(iii) of this section, the record will be noted to indicate that it is disputed. In any subsequent
disclosure, a copy of the subject individual?s statement of disagreement, will be disclosed with the
record. If the responsible Department official deems it appropriate, a concise statement of the
appeal authority?s reasons for denying the subject individual's appeal may also be disclosed with
the record. While the subject individual will have access to this statement of reasons, such
statement will not be subject to correction or amendment. Where an accounting was made of prior
disclosures of the record, all previous recipients of the record will be provided a copy of the
subject individual's statement of disagreement, as well as the statement, if any, of the appeal
authority's reasons for denying the subject individual's appeal.

</p>
<p><b>&#167; 5b.9
 Disclosure of records.
</b></p>
<p>(a) <i>Consent to disclosure by a subject individual.</i> (1) Except as provided in
paragraph (b) of this section authorizing disclosures of records without consent, no disclosure of a
record will be made without the consent of the subject individual. In each case the consent, whether
obtained from the subject individual at the request of the Department or whether provided to the
Department by the subject individual on his own initiative, shall be in writing. The consent shall
specify the individual, organizational unit or class of individuals or organizational units to whom
the record may be disclosed, which record may be disclosed and, where applicable, during which time
frame the record may be disclosed (<i>e.g.,</i> during the school year, while the subject individual
is out of the country, whenever the subject individual is receiving specific services). A blanket
consent to disclose all of a subject individual's records to unspecified individuals or
organizational units will not be honored. The subject individual's identity and, where applicable (
<i>e.g.,</i> where a subject individual gives consent to disclosure of a record to a specific
individual), the identity of the individual to whom the record is to be disclosed shall be verified.
</p>
<p>(2) A parent or guardian of any minor is not authorized to give consent to a disclosure of the
minor's medical record.
</p>
<p>(b) <i>Disclosures without the consent of the subject individual.</i> The disclosures listed in
this paragraph may be made without the consent of the subject individual. Such disclosures are:
</p>
<p>(1) To those officers and employees of the Department who have a need for the record in the
performance of their duties. The responsible Department official may upon request of any officer or
employee, or on his own initiative, determine what constitutes legitimate need.
</p>
<p>(2) Required to be disclosed under the Freedom of Information Act, 5 U.S.C. 552, and part 5 of
this title.
</p>
<p>(3) For a routine use as defined in paragraph (j) of &#167; 5b.1. Routine uses will be
listed in any notice of a system of records. Routine uses published in Appendix B are applicable to
more than one system of records. Where applicable, notices of systems of records may contain
references to the routine uses listed in Appendix B. Appendix B will be published with any
compendium of notices of systems of records.
</p>
<p>(4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or
related activity pursuant to the provisions of title 13 U.S.C.
</p>
<p>(5) To a recipient who has provided the agency with advance written assurance that the record
will be used solely as a statistical research or reporting record; <i>Provided,</i> That, the record
is transferred in a form that does not identify the subject individual.
</p>
<p>(6) To the National Archives of the United States as a record which has sufficient historical or
other value to warrant its continued preservation by the United States Government, or for evaluation
by the Administrator of General Services or his designee to determine whether the record has such
value.
</p>
<p>(7) To another government agency or to an instrumentality of any governmental jurisdiction within
or under the control of the United States for a civil or criminal law enforcement activity if the
activity is authorized by law, and if the head of such government agency or instrumentality has
submitted a written request to the Department specifying the record desired and the law enforcement
activity for which the record is sought.
</p>
<p>(8) To an individual pursuant to a showing of compelling circumstances affecting the health or
safety of any individual if a notice of the disclosure is transmitted to the last known address of
the subject individual.
</p>
<p>(9) To either House of Congress, or to the extent of matter within its jurisdiction, any
committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint
committee.
</p>
<p>(10) To the Comptroller General, or any of the Comptroller General's authorized representatives,
in the course of the performance of the duties of the General Accounting Office.
</p>
<p>(11) Pursuant to the order of a court of competent jurisdiction.
</p>
<p>(c) <i>Accounting of disclosures.</i> (1) An accounting of all disclosures of a record will be
made and maintained by the Department for 5 years or for the life of the record, whichever is
longer; <i>except that,</i> such an accounting will not be made:
</p>
<p>(i) For disclosures under paragraphs (b) (1) and (2) of this section; and,
</p>
<p>(ii) For disclosures made with the written consent of the subject individual.
</p>
<p>(2) The accounting will include:
</p>
<p>(i) The date, nature, and purpose of each disclosure; and
</p>
<p>(ii) The name and address of the person or entity to whom the disclosure is made.
</p>
<p>(3) Any subject individual may request access to an accounting of disclosures of a record. The
subject individual shall make a request for access to an accounting in accordance with the
procedures in &#167; 5b.5 of this part. A subject individual will be granted access to an
accounting of the disclosures of a record in accordance with the procedures of this part which
govern access to the related record. Access to an accounting of a disclosure of a record made under
paragraph (b)(7) of this section may be granted at the discretion of the responsible Department
official.

</p>
<p><b>&#167; 5b.10
 Parents and guardians.
</b></p>
<p>For the purpose of this part, a parent or guardian of any minor or the legal guardian or any
individual who has been declared incompetent due to physical or mental incapacity or age by a court
of competent jurisdiction is authorized to act on behalf of an individual or a subject individual.
Except as provided in paragraph (b)(2) of &#167; 5b.5, of this part governing procedures for
verifying an individual's identity, an individual authorized to act on behalf of a minor or legal
incompetent will be viewed as if he were the individual or subject individual.

</p>
<p><b>&#167; 5b.11 Exempt systems.
</b></p>

<p>(a) <i>General policy.</i> The Act permits an agency to exempt certain types of systems of
records from some of the Act's requirements. It is the policy of the Department to exercise
authority to exempt systems of records only in compelling cases.
</p>
<p>(b) <i>Specific systems of records exempted under (j)(2).</i> The Department exempts the
Investigative Files of the Inspector General ED/OIG (18-10-01) and the Hotline Complaint
Files of the Inspector General ED/OIG (18-10-04) systems of records from the following
provisions of 5 U.S.C. 552a and this part:
</p>
<p>(1) 5 U.S.C. 552a(c)(3) and &#167; 5b.9(a)(1) and (c)(3) of this part, regarding access to
an accounting of disclosures of a record.
</p>
<p>(2) 5 U.S.C. 552a(c)(4) and &#167;&#167; 5b.7(c) and 5b.8(b) of this part, regarding
notification to outside parties and agencies of correction or notation of dispute made in accordance
with 5 U.S.C. 552a(d).
</p>
<p>(3) 5 U.S.C. 552a(d) (1) through (4) and (f) and &#167;&#167; 5b.5(a)(1) and (c), 5b.7, and
5b.8 of this part, regarding notification or access to records and correction or amendment of
records.
</p>
<p>(4) 5 U.S.C. 552a(e)(1) and &#167; 5b.4(a)(1) of this part, regarding maintaining only
relevant and necessary information.
</p>
<p>(5) 5 U.S.C. 552a(e)(2) and &#167; 5b.4(a)(2) of this part, regarding collection of
information from the subject individual.
</p>
<p>(6) 5 U.S.C. 552a(e)(3) and &#167; 5b.4(a)(3) of this part, regarding notice to individuals
asked to provide information to the Department.
</p>
<p>(7) 5 U.S.C. 552a(e)(4) (G), (H), and (I), regarding inclusion of information in the system
notice about procedures for notification, access, correction, and source of records.
</p>
<p>(8) 5 U.S.C. 552a(e)(5), regarding maintaining records with requisite accuracy, relevance,
timeliness, and completeness.
</p>
<p>(9) 5 U.S.C. 552a(e)(8), regarding service of notice on subject individual if a record is made
available under compulsory legal process if that process becomes a matter of public record.
</p>
<p>(10) 5 U.S.C. 552a(g), regarding civil remedies for violation of the Privacy Act.
</p>
<p>(c) <i>Specific systems of records exempted under (k)(2).</i> (1) The Department exempts the
Investigative Files of the Inspector General ED/OIG (18-10-01), the Hotline Complaint
Files of the Inspector General ED/OIG (18-10-04), and the Office of Inspector General
Data Analytics System (ODAS) (18-10-02) from the following provisions of 5 U.S.C. 552a
and this part to the extent that these systems of records consist of investigatory material and
complaints that may be included in investigatory material compiled for law enforcement purposes:
</p>
<p>(i) 5 U.S.C. 552a(c)(3) and &#167; 5b.9(c)(3) of this part, regarding access to an
accounting of disclosures of records.
</p>
<p>(ii) 5 U.S.C. 552a(d) (1) through (4) and (f) and &#167;&#167; 5b.5(a)(1) and (c), 5b.7, and
5b.8 of this part, regarding notification of and access to records and correction or amendment of
records.
</p>
<p>(iii) 5 U.S.C. 552a(e)(1) and &#167; 5b.4(a)(1) of this part, regarding the requirement to
maintain only relevant and necessary information.
</p>
<p>(iv) 5 U.S.C. 552a(e)(4) (G), (H), and (I), regarding inclusion of information in the system
notice about procedures for notification, access, correction, and source of records.
</p>
<p>(2) The Department exempts the Complaint Files and Log, Office for Civil Rights (18-08
-01) from the following provisions of 5 U.S.C. 552a and this part:
</p>
<p>(i) 5 U.S.C. 552a(c)(3) and &#167; 5b.9(c)(3) of this part, regarding access to an
accounting of disclosures of records.
</p>
<p>(ii) 5 U.S.C. 552a(d) (1) through (4) and (f) and &#167;&#167; 5b.5(a)(1) and (c), 5b.7, and
5b.8 of this part, regarding notification of and access to records and correction or amendment of
records.
</p>
<p>(iii) 5 U.S.C. 552a(e)(4) (G) and (H), regarding inclusion of information in the system notice
about procedures for notification, access, and correction of records.
</p>
<p>(d) <i>Specific systems of records exempted under (k)(5).</i> The Department exempts the
Investigatory Material Compiled for Personnel Security and Suitability Purposes (18-05-
17) system of records from the following provisions of 5 U.S.C. 552a and this part:
</p>
<p>(1) 5 U.S.C. 552a(c)(3) and &#167; 5b.9(c)(3) of this part, regarding access to an
accounting of disclosures of records.
</p>
<p>(2) 5 U.S.C. 552a(d) (1) through (4) and (f) and &#167;&#167; 5b.5(a)(1) and (c), 5b.7, and
5b.8 of this part, regarding notification of and access to records and correction or amendment of
records.
</p>
<p>(3) 5 U.S.C. 552a(e)(4) (G) and (H), regarding inclusion of information in the system notice
about procedures for notification, access, and correction of records.
</p>
<p>(e) <i>Basis for exemptions taken under (j)(2), (k)(2), and (k)(5).</i> The reason the Department
took each exemption described in this section is stated in the preamble for the final rulemaking
document under which the exemption was promulgated. These final rulemaking documents were published
in the <i>Federal Register</i> and may be obtained from the Department of Education by mailing a
request to the following address: U.S. Department of Education, Privacy Act Officer, Office of the
Chief Information Officer, Regulatory Information Management Group, Washington, DC 20202-4651.
</p>
<p>(f) <i>Notification of or access to records in exempt systems of records.</i> (1) If a system of
records is exempt under this section, an individual may nonetheless request notification of or
access to a record in that system. An individual shall make requests for notification of or access
to a record in an exempt system or records in accordance with the procedures of &#167; 5b.5 of
this part.
</p>
<p>(2) An individual will be granted notification of or access to a record in an exempt system but
only to the extent that notification or access would not reveal the identity of a source who
furnished the record to the Department under an express promise, and, prior to September 27, 1975,
an implied promise, that his identity would be held in confidence if--
</p>
<p>(i) The record is in a system of records or that portion of a system of records that is exempt
under subsection (k)(2), but not under subsection (j)(2), of the Act and the individual has been, as
a result of the maintenance of the record, denied a right, privilege, or benefit to which he or she
would otherwise be eligible; or
</p>
<p>(ii) The record is in a system of records that is exempt under subsection (k)(5) of the Act.
</p>
<p>(3) If an individual is not granted notification of or access to a record in a system of records
exempt under subsections (k)(2) (but not under subsection (j)(2)) and (k)(5) of the Act in
accordance with this paragraph, he or she will be informed that the identity of a confidential
source would be revealed if notification of or access to the record were granted to the individual.
</p>
<p>(g) <i>Discretionary actions by the responsible Department official.</i> Unless disclosure of a
record to the general public is otherwise prohibited by law, the responsible Department official
may, in his or her discretion, grant notification of or access to a record in a system of records
that is exempt under this section. Discretionary notification of or access to a record in accordance
with this paragraph will not be a precedent for discretionary notification of or access to a similar
or related record and will not obligate the responsible Department official to exercise his or her
discretion to grant notification of or access to any other record in a system of records that is
exempt under this section.
</p>
<p>[58 FR 44424, Aug. 20, 1993, as amended at 64 FR 31066, June 9, 1999; 69 FR 12246, Mar. 15, 2004;
73 FR 61354, October 16, 2008]

</p>
<p><b>&#167; 5b.12
 Contractors.
</b></p>
<p>(a) All contracts entered into on or after September 27, 1975 which require a contractor to
maintain or on behalf of the Department to maintain, a system of records to accomplish a Department
function must contain a provision requiring the contractor to comply with the Act and this part.
</p>
<p>(b) All unexpired contracts entered into prior to September 27, 1975 which require the contractor
to maintain or on behalf of the Department to maintain, a system of records to accomplish a
Department function will be amended as soon as practicable to include a provision requiring the
contractor to comply with the Act and this part. All such contracts must be so amended by July 1,
1976 unless for good cause the appeal authority identified in &#167; 5b.8 of this part
authorizes the continuation of the contract without amendment beyond that date.
</p>
<p>(c) A contractor and any employee of such contractor shall be considered employees of the
Department only for the purposes of the criminal penalties of the Act, 5 U.S.C. 552a(i), and the
employee standards of conduct listed in appendix A of this part where the contract contains a
provision requiring the contractor to comply with the Act and this part.
</p>
<p>(d) This section does not apply to systems of records maintained by a contractor as a result of
his management discretion, <i>e.g.,</i> the contractor's personnel records.

</p>
<p><b>&#167; 5b.13
 Fees.
</b></p>
<p>(a) <i>Policy.</i> Where applicable, fees for copying records will be charged in accordance
with the schedule set forth in this section. Fees may only be charged where an individual requests
that a copy be made of the record to which he is granted access. No fee may be charged for making a
search of the system of records whether the search is manual, mechanical, or electronic. Where a
copy of the record must be made in order to provide access to the record (<i>e.g.,</i> computer
printout where no screen reading is available), the copy will be made available to the individual
without cost.
</p>
<p>(b) <i>Fee schedule.</i> The fee schedule for the Department is as follows:
</p>
<p>(1) Copying of records susceptible to photocopying--$.10 per page.
</p>
<p>(2) Copying records not susceptible to photocopying (<i>e.g.,</i> punch cards or magnetic tapes)
--at actual cost to be determined on a case-by-case basis.
</p>
<p>(3) No charge will be made if the total amount of copying does not exceed $25.</p>
<p><b>Appendix A to Part 5b--Employee Standards of Conduct
</b></p>
<p>(a) <i>General.</i> All employees are required to be aware of their responsibilities under
the Privacy Act of 1974, 5 U.S.C. 552a. Regulations implementing the Act are set forth in 34 CFR 5b.
Instruction on the requirements of the Act and regulation shall be provided to all new employees of
the Department. In addition, supervisors shall be responsible for assuring that employees who are
working with systems of records or who undertake new duties which require the use of systems of
records are informed of their responsibilities. Supervisors shall also be responsible for assuring
that all employees who work with such systems of records are periodically reminded of the
requirements of the Act and are advised of any new provisions or interpretations of the Act.
</p>
<p>(b) <i>Penalties.</i> (1) All employees must guard against improper disclosure of records which
are governed by the Act. Because of the serious consequences of improper invasions of personal
privacy, employees may be subject to disciplinary action and criminal prosecution for knowing and
willful violations of the Act and regulation. In addition, employees may also be subject to
disciplinary action for unknowing or unwillful violations, where the employee had notice of the
provisions of the Act and regulations and failed to inform himself sufficiently or to conduct
himself in accordance with the requirements to avoid violations.
</p>
<p>(2) The Department may be subjected to civil liability for the following actions undertaken by
its employees:
</p>
<p>(a) Making a determination under the Act and &#167;&#167; 5b.7 and 5b.8 of the regulation
not to amend an individual's record in accordance with his request, or failing to make such review
in conformity with those provisions;
</p>
<p>(b) Refusing to comply with an individual's request for notification of or access to a record
pertaining to him;
</p>
<p>(c) Failing to maintain any record pertaining to any individual with such accuracy, relevance,
timeliness, and completeness as is necessary to assure fairness in any determination relating to the
qualifications, character, rights, or opportunities of, or benefits to the individual that may be
made on the basis of such a record, and consequently a determination is made which is adverse to the
individual; or
</p>
<p>(d) Failing to comply with any other provision of the Act or any rule promulgated thereunder, in
such a way as to have an adverse effect on an individual.
</p>
<p>(3) An employee may be personally subject to criminal liability as set forth below and in
5 U.S.C. 552a (i):
</p>
<p>(a) Any officer or employee of an agency, who by virtue of his employment or official position,
has possession of, or access to, agency records which contain individually identifiable information
the disclosure of which is prohibited by the Act or by rules or regulations established thereunder,
and who, knowing that disclosure of the specific material is so prohibited, willfully discloses the
material in any manner to any person or agency not entitled to receive it, shall be guilty of a
misdemeanor and fined not more than $5,000.
</p>
<p>(b) Any officer or employee of any agency who willfully maintains a system of records
without meeting the notice requirements [of the Act] shall be guilty of a misdemeanor and fined not
more than $5,000.
</p>
<p>(c) <i>Rules Governing Employees Not Working With Systems of Records.</i> Employees whose duties
do not involve working with systems of records will not generally disclose to any one, without
specific authorization from their supervisors, records pertaining to employees or other individuals
which by reason of their official duties are available to them. Notwithstanding the above, the
following records concerning Federal employees are a matter of public record and no further
authorization is necessary for disclosure:
</p>
<p>(1) Name and title of individual.
</p>
<p>(2) Grade classification or equivalent and annual rate of salary.
</p>
<p>(3) Position description.
</p>
<p>(4) Location of duty station, including room number and telephone number.
</p>
<p>In addition, employees shall disclose records which are listed in the Department's Freedom of
Information Regulation as being available to the public. Requests for other records will be referred
to the responsible Department official. This does not preclude employees from discussing matters
which are known to them personally, and without resort to a record, to official investigators of
Federal agencies for official purposes such as suitability checks, Equal Employment Opportunity
investigations, adverse action proceedings, grievance proceedings, etc.
</p>
<p>(d) <i>Rules governing employees whose duties require use or reference to systems of records.</i>
Employees whose official duties require that they refer to, maintain, service, or otherwise deal
with systems of records (hereinafter referred to as Systems Employees) are governed by
the general provisions. In addition, extra precautions are required and systems employees are held
to higher standards of conduct.
</p>
<p>(1) Systems Employees shall:
</p>
<p>(a) Be informed with respect to their responsibilities under the Act;
</p>
<p>(b) Be alert to possible misuses of the system and report to their supervisors any potential or
actual use of the system which they believe is not in compliance with the Act and regulation;
</p>
<p>(c) Make a disclosure of records within the Department only to an employee who has a legitimate
need to know the record in the course of his official duties;
</p>
<p>(d) Maintain records as accurately as practicable.
</p>
<p>(e) Consult with a supervisor prior to taking any action where they are in doubt whether such
action is in conformance with the Act and regulation.
</p>
<p>(2) Systems Employees shall not:
</p>
<p>(a) Disclose in any form records from a system of records except (1) with the consent or at the
request of the subject individual; or (2) where its disclosure is permitted under &#167; 5b.9
of the regulation.
</p>
<p>(b) Permit unauthorized individuals to be present in controlled areas. Any unauthorized
individuals observed in controlled areas shall be reported to a supervisor or to the guard force.
</p>
<p>(c) Knowingly or willfully take action which might subject the Department to civil liability.
</p>
<p>(d) Make any arrangements for the design development, or operation of any system of records
without making reasonable effort to provide that the system can be maintained in accordance with the
Act and regulation.
</p>
<p>(e) <i>Contracting officers.</i> In addition to any applicable provisions set forth above, those
employees whose official duties involve entering into contracts on behalf of the Department shall
also be governed by the following provisions:
</p>
<p>(1) <i>Contracts for design, or development of systems and equipment.</i> No contract for the
design or development of a system of records, or for equipment to store, service or maintain a
system of records shall be entered into unless the contracting officer has made reasonable effort to
ensure that the product to be purchased is capable of being used without violation of the Act or
regulation. Special attention shall be given to provision of physical safeguards.
</p>
<p>(2) <i>Contracts for the operation of systems and equipment.</i> No contract for the design or
development of a system of whom he feels appropriate, of all proposed contracts providing for the
operation of systems of records shall be made prior to execution of the contracts to determine
whether operation of the system of records is for the purpose of accomplishing a Department
function. If a determination is made that the operation of the system is to accomplish a Department
function, the contracting officer shall be responsible for including in the contract appropriate
provisions to apply the provisions of the Act and regulation to the system, including prohibitions
against improper release by the contractor, his employees, agents, or subcontractors.
</p>
<p>(3) <i>Other service contracts.</i> Contracting officers entering into general service contracts
shall be responsible for determining the appropriateness of including provisions in the contract to
prevent potential misuse (inadvertent or otherwise) by employees, agents, or subcontractors of the
contractor.
</p>
<p>(f) <i>Rules Governing Responsible Department Officials.</i> In addition to the requirements for
Systems Employees, responsible Department officials shall:
</p>
<p>(1) Respond to all requests for notification of or access, disclosure, or amendment of records in
a timely fashion in accordance with the Act and regulation;
</p>
<p>(2) Make any amendment of records accurately and in a timely fashion;
</p>
<p>(3) Inform all persons whom the accounting records show have received copies of the record prior
to the amendments of the correction; and
</p>
<p>(4) Associate any statement of disagreement with the disputed record, and
</p>
<p>(a) Transmit a copy of the statement to all persons whom the accounting records show have
received a copy of the disputed record, and
</p>
<p>(b) Transmit that statement with any future disclosure.
</p>
<p><b>Appendix B to Part 5b--Routine Uses Applicable to More Than One System of Records
Maintained by ED</b></p>
<p>(1) In the event that a system of records maintained by this agency to carry out its
functions indicates a violation or potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether federal, or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p>
<p>(2) Referrals may be made of assignments of research investigators and project monitors to
specific research projects to the Smithsonian Institution to contribute to the Smithsonian Science
Information Exchange, Inc.
</p>
<p>(3) In the event the Department deems it desirable or necessary, in determining whether
particular records are required to be disclosed under the Freedom of Information Act, disclosure may
be made to the Department of Justice for the purpose of obtaining its advice.
</p>
<p>(4) A record from this system of records may be disclosed as a routine use to a
federal, state or local agency maintaining civil, criminal or other relevant enforcement records or
other pertinent records, such as current licenses, if necessary to obtain a record relevant to an
agency decision concerning the hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance of a license, grant or other benefit.
</p>
<p>A record from this system of records may be disclosed to a federal agency, in response to its
request, in connection with the hiring or retention of an employee, 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 by the requesting agency, to the extent that the
record is relevant and necessary to the requesting agency's decision on the matter.
</p>
<p>(5) In the event that a system of records maintained by this agency to carry out its function
indicates a violation or potential violation of law, whether civil, criminal or regulatory in
nature, and whether arising by general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, the relevant records in the system of records may be referred, as
a routine use, to the appropriate agency, whether state or local charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing or implementing the statute,
or rule, regulation or order issued pursuant thereto.
</p>
<p>(6) Where federal agencies having the power to subpoena other federal agencies' records, such as
the Internal Revenue Service or the Civil Rights Commission, issue a subpoena to the Department for
records in this system of records, the Department will make such records available.
</p>
<p>(7) Where a contract between a component of the Department and a labor organization recognized
under E.O. 11491 provides that the agency will disclose personal records relevant to the
organization's mission, records in this system of records may be disclosed to such organization.
</p>
<p>(8) Where the appropriate official of the Department, pursuant to the Department's Freedom of
Information Regulation determines that it is in the public interest to disclose a record which is
otherwise exempt from mandatory disclosure, disclosure may be made from this system of records.
</p>
<p>(9) The Department contemplates that it will contract with a private firm for the purpose of
collating, analyzing, aggregating or otherwise refining records in this system. Relevant records
will be disclosed to such a contractor. The contractor shall be required to maintain Privacy Act
safeguards with respect to such records.
</p>
<p>(10) To individuals and organizations, deemed qualified by the Secretary to carry out specific
research solely for the purpose of carrying out such research.
</p>
<p>(11) Disclosures in the course of employee discipline or competence determination proceedings.
</p>
<p>[45 FR 30808, May 9, 1980; 45 FR 37426, June 3, 1980]

</p>

</xhtmlContent>
</regulationsPart>
</regulationsTitle>
	
</regulations>
<regulations id="reg2" toc="yes">
<regulationsTitle number="48">
<heading> Federal Acquisition Regulations System
</heading>
<regulationsChapter number="48">
<heading> Department of Education </heading>
<regulationsPart number="3424">
<heading> PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION </heading>
<xhtmlContent>
<p><b>Subpart 3424.1--Protection of Individual Privacy
</b></p>
<p>Sec.
</p>
<p>3424.103 Procedures.
</p>
<p><b>Authority:</b> 5 U.S.C. 301; 40 U.S.C. 486(c).</p>
<p><b>Subpart 3424.1--Protection of Individual Privacy
</b></p>
<p>3424.103
 Procedures.
</p>
<p>(a) If the Privacy Act of 1974 applies to a contract, the contracting officer shall specify in
the contract the disposition to be made of the system or systems of records upon completion of
performance of the contract. For example, the contract may require the contractor to completely
destroy the records, to remove personal identifiers, to turn the records over to ED, or to keep the
records but take certain measures to keep the records confidential and protect the individuals'
privacy.
</p>
<p>(b) If a notice of the system of records has not been published in the <i>Federal Register,</i>
the contracting officer may proceed with the acquisition but shall not award the contract until the
notice is published, unless the contracting officer determines, in writing, that portions of the
contract may proceed without maintaining information subject to the Privacy Act. In this case, the
contracting officer may--
</p>
<p>(1) Award the contract, authorizing performance only of those portions not subject to the Privacy
Act; and
</p>
<p>(2) After the notice is published and effective, authorize performance of the remainder of the
contract.
</p>
<p>[53 FR 19123, May 26, 1988]
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency></pai>
