Privacy Act of 1974; System of Records
| Citation | 84 FR 52873 |
| Record Number | 2019-21532 |
| Published date | 03 October 2019 |
| Section | Notices |
| Court | Education Department |
Federal Register, Volume 84 Issue 192 (Thursday, October 3, 2019)
[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Notices]
[Pages 52873-52877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21532]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2019-OPEPD-0108]
Privacy Act of 1974; System of Records
AGENCY: Office of Planning, Evaluation and Policy Development,
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), the Department of Education (the Department) publishes
this notice of a new system of records entitled ``Presidential
Cybersecurity Education Award'' (18-15-01). Pursuant to Executive Order
13870 of May 2, 2019, as published in the Federal Register on May 9,
2019 (Executive Order 13870), the Department, in consultation with the
Deputy Assistant to the President for Homeland Security and
Counterterrorism and the National Science Foundation, has developed and
implemented, consistent with applicable law, an annual Presidential
Cybersecurity Education Award to be presented to one elementary and one
secondary school educator per year who demonstrate superior achievement
in instilling skills, knowledge, and passion with respect to
cybersecurity and cybersecurity-related subjects. The Department will
solicit nominations for the two individual educators who will be
awarded this Presidential Cybersecurity Education Award.
[[Page 52874]]
DATES: Submit your comments on this new system of records notice on or
before November 4, 2019.
This new system of records will become applicable upon publication
in the Federal Register on October 3, 2019. All proposed routine uses
in the paragraph entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will
become applicable on November 4, 2019, unless the new system of records
notice needs to be changed as a result of public comment. The
Department will publish any changes to the system of records or routine
uses that result from public comment.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``Help'' tab.
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this modified system of records,
address them to: Awards Coordinator, Presidential Cybersecurity
Education Awards, Office of Planning, Evaluation and Policy
Development, U.S. Department of Education, 400 Maryland Avenue SW,
Washington, DC 20202.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Jean Morrow, Presidential
Cybersecurity Education Award, Office of Planning, Evaluation and
Policy Development, U.S. Department of Education, 400 Maryland Avenue
SW, Washington, DC 20202, or by email at [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), you may call the Federal Relay Service at 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: The information 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.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., Braille, large print,
audiotape, or compact disc) on request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: September 30, 2019.
James Blew,
Assistant Secretary, Office of Planning, Evaluation and Policy
Development.
For the reasons discussed in the preamble, the Assistant Secretary,
Office of Planning, Evaluation and Policy Development, U.S. Department
of Education (Department), publishes a notice of a new system of
records to read as follows:
SYSTEM NAME AND NUMBER:
Presidential Cybersecurity Education Award (18-15-01).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Planning, Evaluation and Policy Development, 400 Maryland
Avenue SW, Washington, DC 20202.
SYSTEM MANAGER(S):
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: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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).
PURPOSE(S) OF THE SYSTEM:
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.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on elementary and secondary educators
who apply or are nominated for the Presidential Cybersecurity Education
Award.
CATEGORIES OF RECORDS IN THE SYSTEM:
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
[[Page 52875]]
facility; and, (5) work name, address, email address, and contact
number.
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.
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.
RECORD SOURCE CATEGORIES:
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.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records under the routine uses listed in this system of
records without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected. The
Department may make these disclosures on a case-by-case basis or, if
the Department has complied with the computer matching requirements of
the Privacy Act of 1974, as amended (Privacy Act), under a computer
matching agreement.
(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:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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
[[Page 52876]]
Order, rule, regulation, or order issued pursuant thereto.
(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the parties listed in
sub-paragraphs (i) through (v) is involved in 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:
(i) The Department of Education, or any component of the
Department;
(ii) Any Department employee in his or her official capacity;
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed or has been requested to
provide or arrange for representation for the employee;
(iv) Any Department employee in his or her individual capacity if
the agency has agreed to represent the employee; or
(v) The United States if the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative 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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records are maintained on an access-controlled electronic
system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records are retrieved by the applicant's or nominee's name,
State, school, and year of nomination, if applicable.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
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.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
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.
The computer systems employed by the Department and its contractors
offer a high degree of security against tampering and circumvention.
These
[[Page 52877]]
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.
RECORD ACCESS PROCEDURES:
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.
CONTESTING RECORD PROCEDURES:
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.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager at the address listed
above. 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2019-21532 Filed 10-2-19; 8:45 am]
BILLING CODE 4000-01-P
