FR Doc 2011-1516[Federal Register: January 25, 2011 (Volume 76, Number 16)]
[Notices]               
[Page 4334-4338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja11-57]                           
                      

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DEPARTMENT OF EDUCATION

 
Privacy Act of 1974; System of Records

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), 5 U.S.C. 552a, the Department of Education (Department) 
publishes this notice of a new system of records entitled ``Indian 
Education--Individual Reporting on Regulatory Compliance Related to the 
Indian Education Professional Development Program's Service Obligation 
and the Government Performance and Results Act of 1993 (GPRA)'' (18-14-
05).
    The Indian Education Professional Development program, authorized 
under title VII, part A of the Elementary and Secondary Education Act 
of 1965, as amended (ESEA), is designed to increase the number of, 
provide training to, and improve the skills of American Indian or 
Alaska Natives serving as teachers and school administrators in schools 
serving American Indian or Alaska Native students.
    Section 7122(h) of the ESEA (20 U.S.C. 7442(h)) requires that 
individuals who receive financial assistance through the Indian 
Education Professional Development program subsequently complete a 
service obligation equivalent to the amount of time for which the 
participant received financial assistance. Participants who do not 
satisfy the requirements of the regulations must repay all or a pro-
rated part of the cost of assistance, in accordance with 20 U.S.C. 
7442(h) and 34 CFR 263.8(a)(3). The regulations in part 263 implement 
requirements governing, among other things, the service obligation and 
reporting requirements of the participants in the Indian Education 
Professional Development program, and repayment of financial assistance 
by these participants. In order for the Federal Government to ensure 
that the goals of the program are achieved, certain data collection, 
recordkeeping, and documentation are necessary.
    In addition, GPRA requires Federal agencies to establish 
performance measures for all programs, and the Department has 
established performance measures for the Indian Education Professional 
Development program. Data collection from participants who have 
received financial assistance under the Indian

[[Page 4335]]

Education Professional Development program is a necessary element of 
the Department's effort to evaluate progress on these measures.
    The Department tracks participants who are receiving or have 
previously received support through the Indian Education Professional 
Development program. Participants must sign a payback agreement that 
includes contact information. Additionally, the Department receives 
information about participants from institutions of higher education 
(IHEs) and other eligible grantees when participants are no longer 
receiving assistance through the Indian Education Professional 
Development program. When the performance period is complete, the 
participant data are collected from the grantee and also from the 
participants.
    Records in the system pursuant to this notice may include the name, 
social security number, date of birth, mailing address, telephone 
number, e-mail address, and alternate contact information for each 
participant in the grant, as well as the name and contact information 
of a person through whom the participant can be contacted, the number 
of semesters or months for which the participant needs to provide 
service in order to satisfy the service payback obligation, the total 
amount of financial assistance the participant received, the time 
period during which the participant must satisfy the service payback 
obligation, eligible employment to fulfill the service payback 
obligation, contact information for employers, and grant identification 
numbers. In addition, participants may request an educational 
deferment, which requires verification of acceptance in a university/
college program, enrollment as a full-time student, registration each 
semester, timely submission of semester transcripts, and documentation 
of the participant as a student in good standing. Participants also 
provide information about specific areas of training, certifications or 
licensures obtained, reasons for leaving the program before completion, 
gender, ethnic origin, and education history. Participants are 
responsible for obtaining letters signed by the participant's 
supervisor that verify the employment information provided by the 
participant. These letters must be submitted to the Department every 
six months until service payback is completed.

DATES: The Department seeks comment on the new system of records 
described in this notice, in accordance with the requirements of the 
Privacy Act. We must receive your comments on the proposed routine uses 
for the system of records described in this notice on or before 
February 24, 2011.
    The Department filed a report describing the new system of records 
covered by this notice with the Chair of the Senate Committee on 
Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on January 10, 2011. This system of records will 
become effective at the later date of--(1) the expiration of the 40-day 
period for OMB review on February 22, 2011 unless OMB waives 10 days of 
the 40-day review period for compelling reasons shown by the 
Department, or (2) February 24, 2011, unless the system of records 
needs to be changed as a result of public comment or OMB review.

ADDRESSES: Address all comments about the proposed routine uses to Lana 
Shaughnessy, Office of Indian Education, U.S. Department of Education, 
400 Maryland Ave., SW., room 3E231, Washington, DC 20202-2600. 
Telephone: (202) 205-2528. If you prefer to send comments through the 
Internet, use the following address: oese@ed.gov.
    You must include the term ``Indian Education Professional 
Development Program's Service Obligation'' in the subject line of the 
electronic message.
    During and after the comment period, you may inspect all comments 
about this notice at the Department in room 4154, 550 12th Street, SW., 
Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern 
Time, Monday through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for this notice. If you want to schedule an 
appointment for this type of aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Lana Shaughnessy, Office of Indian 
Education, U.S. Department of Education. Telephone: (202) 205-2528. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service, toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in this section.

SUPPLEMENTARY INFORMATION:
    Introduction:
    The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to 
publish in the Federal Register this notice of a new system of records 
maintained by the Department. The Department's regulations implementing 
the Privacy Act are contained in 34 CFR Part 5(b).
    The Privacy Act applies to information about individuals that 
contains individually identifying information and that is retrieved by 
a unique identifier associated with each individual, such as a name or 
social security number. The information about each individual is called 
a ``record,'' and the system, whether manual or computer-based, is 
called a ``system of records.''
    The Privacy Act requires each agency to publish notices of systems 
of records in the Federal Register and to submit reports to the OMB 
whenever the agency publishes a new system of records. Each agency is 
also required to send copies of the report to the Chair of the Senate 
Committee on Homeland Security and Governmental Affairs and the Chair 
of the House Committee on Oversight and Government Reform.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following Web site: http://www.ed.gov/news/fedregister. 
To use PDF you must have Adobe Acrobat Reader, which is available free 
at this site.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the CFR is available on 
GPO Access at: http://www.gpoaccess.gov/nara/index.html.


    Dated: January 10, 2011.
Thelma Mel[eacute]ndez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.

    For the reasons discussed in the preamble, the Assistant Secretary 
for Elementary and Secondary Education, U.S. Department of Education 
(Department), publishes a notice of a new system of records to read as 
follows:


[[Page 4336]]

18-14-05

SYSTEM NAME:
    Indian Education--Individual Reporting on Regulatory Compliance 
Related to the Indian Education Professional Development program's 
Service Obligation and the Government Performance and Results Act of 
1993 (GPRA).

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Indian Education, U.S. Department of Education, 400 
Maryland Ave., SW., Washington, DC 20202-2600.
    Records referred to the Department's Accounts Receivable Group will 
also be stored in a system located in the office of the Chief Financial 
Officer, Financial Management Operations, Accounts Receivable Group, 
U.S. Department of Education, 550 12th Street, SW., Washington, DC 
20202.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who are recipients of 
financial assistance from grants awarded to eligible entities by the 
Indian Education Professional Development program (CFDA 84.299B).

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records pertaining to participants who 
received financial assistance under the Indian Education Professional 
Development program. Information in this system will include the name, 
social security number, date of birth, mailing address, telephone 
number, e-mail address, and alternate contact information for each 
participant in the grant, as well as the name and contact information 
of a person through whom the participant can be contacted, the number 
of semesters or months for which the participant needs to provide 
service in order to satisfy the service payback obligation, the total 
amount of financial assistance the participant received, the time 
period during which the participant must satisfy the service payback 
obligation, eligible employment to fulfill the service payback 
obligation, contact information for employers, and grant identification 
numbers. In addition, participants may request an educational 
deferment, which requires verification of acceptance in a university/
college program, enrollment as a full time student, registration each 
semester, timely submission of semester transcripts and documentation 
of the participant as a student in good standing. Participants also 
provide information about specific areas of training, certifications or 
licensures obtained, reasons for leaving the program before completion, 
gender, ethnic origin, and education history. Participants are 
responsible for obtaining letters signed by the participant's 
supervisor that verify the employment information provided by the 
participant. These letters must be submitted to the Department every 
six months until the required service payback obligation is completed.
    Social security numbers are collected in order to ensure the 
correct identity of the participant in the event fiscal payback is 
required.
    This system of records does not cover records maintained in the 
Department's system of records entitled ``Education's Central Automated 
Processing System (EDCAPS)'' (18-03-02) as part of the Department's 
receivables management function.

AUTHORITY FOR MAINTENANCE 0F THE SYSTEM:
    This system of records is authorized under sections 7121 through 
7122 of the ESEA (20 U.S.C. 7441-7442).

PURPOSE(S):
    The information in this system is used for the following purposes: 
To track a participant's enrollment, employment, fulfillment of the 
terms of the service obligation; to evaluate progress on the 
performance measures for the Indian Education Professional Development 
program (CFDA 84.299B); and to collect debts owed to the Government 
under this program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with 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, as amended by the Computer Matching and Privacy 
Protection Act of 1988, under a computer matching agreement.
    (1) Program Purposes. The Department may disclose records from this 
system of records:
    (a) To the participant's employers to verify the eligible 
employment of participants who were supported with financial assistance 
under the Indian Education Professional Development program and who are 
attempting to fulfill their service payback obligation.
    (b) To grantees to inform them of their participants' employment 
outcomes.
    (2) Disclosure in the Course of Responding to Breach of Data. The 
Department may disclose records from this system of records to 
appropriate agencies, entities, and persons when: (a) It suspects or 
has 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 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.
    (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.
    (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 prosecutorial responsibility 
within the receiving entity's jurisdiction.
    (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 
statutory, regulatory, 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.
    (6) Litigation and Alternative Dispute Resolution (ADR) Disclosure.

[[Page 4337]]

    (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:
    (i) The Department or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed to provide or arrange for representation for the employee.
    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee.
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to litigation or 
ADR, the Department may disclose those records as a routine use to DOJ.
    (c) Adjudicative Disclosure. If the Department determines that it 
is relevant and necessary to 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.
    (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 
litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (7) Freedom of Information Act (FOIA) and 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.
    (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 program 
covered by this system.
    (9) 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. Records are disclosed to congressional members 
and staff investigating and seeking to resolve individuals' requests, 
complaints, or concerns.
    (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.
    (11) Disclosure To Consumer Reporting Agencies. Disclosures 
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--(1) the name, 
address, social security 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).
    (12) Debt Servicing. The Department may disclose records to the 
United States Department of the Treasury for the purpose of collecting 
debts owed to the Government by individuals who fail to satisfy their 
requirements under this program.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The Department maintains hard copy records in locked file cabinets 
that are located within locked offices protected by a security system.
    The Department will maintain records referred to Accounts 
Receivable in the Education Central Automated Processing System of 
Records (EDCAPS).

RETRIEVABILITY:
    Records in this system are indexed by a number assigned to each 
individual. Records are retrieved by name or grant number.

SAFEGUARDS:
    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.
    In accordance with Department policy, as set forth in 
Administrative Communication System OM:5-101 entitled ``Contractor 
Employee Personnel Security Screenings,'' all contract personnel who 
have facility access and system access are required to undergo a 
security clearance investigation. Contractors requiring access to 
Privacy Act data are required to hold, at a minimum, a moderate risk 
security clearance level.
    Department personnel and Department contractors are also 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 A-130, Appendix III.
    The Department will maintain security of the complete set of all 
master data files and documentation. Access to individually identifying 
data will be strictly controlled. Unless a file is needed for review or 
processing, all hard copy data will be kept in locked file cabinets 
during work and nonworking hours. When a file is needed, work will take 
place in a single room. The system is required to ensure that 
information identifying individuals is in files physically separated 
from other data.

RETENTION AND DISPOSAL:
    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). Pending NARA 
approval of that authority, these records shall not be destroyed or 
deleted. Records will be kept until completion of service or cash 
payback is verified.

[[Page 4338]]

SYSTEM MANAGER AND ADDRESS:
    Assistant Secretary for Elementary and Secondary Education, U.S. 
Department of Education, 400 Maryland Ave., SW., room 3W315, 
Washington, DC 20202-2600.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you in 
the system of records, contact the systems manager at the address 
listed under SYSTEM MANAGER AND ADDRESS. Your request must meet the 
requirements of 34 CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURE:
    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. Your request must meet the requirements of 34 CFR 5b.5, 
including proof of identity.

CONTESTING RECORD PROCEDURE:
    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 must meet the 
requirements of 34 CFR 5b.7, including proof of identity.

RECORD SOURCE CATEGORIES:
    The collection of records information is obtained from the grantee, 
participants, and employers.
    When the Department determines a participant will not fulfill a 
payback obligation through service and must instead repay some or all 
of the financial assistance the participant received, the Department 
will forward information to the Department's Accounts Receivable Group 
in the Office of the Chief Financial Officer (OCFO).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2011-1516 Filed 1-24-11; 8:45 am]
BILLING CODE 4000-01-P