Privacy Act of 1974; System of Records

Citation86 FR 35763
Published date07 July 2021
Record Number2021-14409
SectionNotices
CourtEducation Department
35763
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DEPARTMENT OF EDUCATION
[Docket ID ED–2021–OCIO–0026]
Privacy Act of 1974; System of
Records
AGENCY
: Office of the Chief Information
Officer, U.S. Department of Education.
ACTION
: Notice of a new system of
records.
SUMMARY
: In accordance with the
Privacy Act of 1974, as amended
(Privacy Act), the U.S. Department of
Education (Department) publishes this
notice of a new system of records
entitled ‘‘Education Enterprise Identity,
Credential, and Access Management (ED
ICAM) System’’ (18–04–05). The ED
ICAM System contains identifying
information about individual
Department employees and contractors.
DATES
: Submit your comments on this
new system of records notice on or
before August 6, 2021. This new system
of records will become effective upon
publication in the Federal Register on
July 7, 2021, unless the new system of
records notice needs to be changed as a
result of public comment. The routine
uses listed in the paragraph entitled
ROUTINE USES OF RECORDS
MAINTAINED IN THE SYSTEM,
INCLUDING CATEGORIES OF USERS
AND PURPOSES OF SUCH USES will
become effective on August 6, 2021,
unless the new system of records notice
needs to be changed as a result of public
comment. The Department will publish
any significant changes to the system of
records or routine uses resulting from
public comment.
ADDRESSES
: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under the ‘‘Help’’ tab.
Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about this new system
of records notice, address them to:
Roman Kulbashny, Branch Chief,
Security Engineering and Architecture,
Information Assurance Services, Office
of the Chief Information Officer, U.S.
Department of Education, 550 12th
Street 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
supply 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
:
Roman Kulbashny, Branch Chief,
Security Engineering and Architecture,
Information Assurance Services, Office
of the Chief Information Officer, U.S.
Department of Education, 550 12th
Street SW, Washington, DC 20202.
Telephone: (202) 245–6848. 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
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 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 limited to: (1) The
management and governance of digital
identity lifecycle activities; (2) the full
auditing of all digital identities; and, (3)
the management of application and
system access.
Accessible Format: On request to the
program contact person listed under
FOR
FURTHER INFORMATION CONTACT
,
individuals with disabilities can obtain
this document and a copy of the
application package in an accessible
format. The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
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. 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.
Jason Gray,
Chief Information Officer.
For the reasons discussed in the
preamble, the Office of the Chief
Information Officer of the U.S.
Department of Education publishes a
notice of a new system of records to
read as follows:
SYSTEM NAME AND NUMBER
:
Education Enterprise Identity,
Credential, and Access Management (ED
ICAM) System (18–04–05).
SECURITY CLASSIFICATION
:
Controlled Unclassified.
SYSTEM LOCATION
:
Office of the Chief Information
Officer, Information Assurance, U.S.
Department of Education, 550 12th
Street SW, Washington, DC 20202.
Oracle Corporation, 1501 4th Avenue,
Suite #1800/Century Square Building,
Seattle, WA 98101 (provides the
infrastructure on which the ED ICAM
System runs).
IBM SmartCloud for Government,
6300 Diagonal Hwy., B001, 1st Floor,
Boulder, CO 80301–3292 (provides the
infrastructure on which the ED ICAM
System runs).
SYSTEM MANAGER
(
S
):
Branch Chief, Office of the Chief
Information Officer, U.S. Department of
Education, 550 12th Street SW,
Washington, DC 20202.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
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
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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).
PURPOSE
(
S
)
OF THE SYSTEM
:
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:
(1) The management and governance
of digital identity lifecycle activities;
(2) the full auditing of all digital
identities; and,
(3) the management of application
and system access.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
This system contains records on
Department employees and contractors
who apply for, and were granted access
to, the Department’s information
technology resources.
CATEGORIES OF RECORDS IN THE SYSTEM
:
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.
RECORD SOURCE CATEGORIES
:
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).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES
:
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.
(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.
(2) 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 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) agrees to or
has been requested to provide or arrange
for representation for the employee;
(iv) Any Department employee in his
or her individual capacity where the
Department has agreed to represent the
employee; or
(v) The United States where the
Department determines that the
litigation is likely to affect the
Department or any of its components.
(b) Disclosure to 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.
(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.
(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.
(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.
(4) Employment, Benefit, and
Contracting Disclosure.
(a) For Decisions by the Department.
The Department may disclose a record
to a Federal, State, or local agency
maintaining civil, criminal, or other
relevant enforcement or other pertinent
records, or to another public authority
or professional organization, if
necessary to obtain information relevant
to a Department decision concerning the
hiring or retention of an employee or
other personnel action, the issuance of
a security clearance, the letting of a
contract, or the issuance of a license,
grant, or other benefit.
(b) For Decisions by Other Public
Agencies and Professional
Organizations. The Department may
disclose a record to a Federal, State,
local, or foreign agency or other public
authority or professional organization,
in connection with its decision
concerning the hiring or retention of an
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employee or other personnel action, the
issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant, or other
benefit, to the extent that the record is
relevant and necessary to the receiving
entity’s decision on the matter.
(5) Employee Grievance, Complaint,
or Conduct Disclosure. If a record is
relevant and necessary to an employee
grievance, complaint, or disciplinary
action involving a present or former
employee of the Department, the
Department may disclose a record in
this system of records in the course of
investigation, fact-finding, or
adjudication, to any party to the
grievance, complaint, or action; to the
party’s counsel or representative; to a
witness; or to a designated fact-finder,
mediator, or other person designated to
resolve issues or decide the matter.
(6) Labor Organization Disclosure.
The Department may disclose 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.
(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.
(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.
(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.
(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.
(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.
(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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS
:
Records are stored on an encrypted
server within a secured and controlled
environment. There are no hardcopy
records that require additional storage.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS
:
Records are retrieved by a
combination of name and other unique
personal identifiers.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS
:
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.
ADMINISTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
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.
RECORD ACCESS PROCEDURES
:
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.
CONTESTING RECORD PROCEDURES
:
If you wish to contest the content of
a record regarding you in this system of
records, contact the system manager at
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1
The petition did not identify any of the
information contained therein as confidential
business information.
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.
NOTIFICATION PROCEDURES
:
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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM
:
None.
HISTORY
:
None.
[FR Doc. 2021–14409 Filed 7–6–21; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
[Case Number 2021–004; EERE–2021–BT–
WAV–0009]
Energy Conservation Program:
Notification of Petition for Waiver of
GE Appliances, a Haier Company From
the Department of Energy
Miscellaneous Refrigeration Products
Test Procedure and Notification of
Denial of Interim Waiver
AGENCY
: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION
: Notification of petition for
waiver and denial of an interim waiver;
request for comments.
SUMMARY
: This notification announces
receipt of and publishes a petition for
waiver and interim waiver from GE
Appliances, a Haier Company, which
seeks a waiver for a specified
miscellaneous refrigeration product
basic model from the U.S. Department
of Energy (‘‘DOE’’) test procedure used
for determining the energy consumption
of these products. This notice also
announces that DOE is declining to
grant the request for an interim waiver
from the test procedure for the reasons
described in this notification. DOE
solicits comments, data, and
information concerning the petition and
its suggested alternate test procedure so
as to inform DOE’s final decision on the
waiver request.
DATES
: Written comments and
information are requested and will be
accepted on or before August 6, 2021.
ADDRESSES
: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Alternatively,
interested persons may submit
comments, identified by docket number
EERE–2021–BT–WAV–0009, by any of
the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: To AS_Waiver_Requests@
ee.doe.gov. Include docket number
EERE–2021–BT–WAV–0009 in the
subject line of the message.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see the
SUPPLEMENTARY INFORMATION
section of
this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing COVID–19 pandemic. DOE
is currently suspending receipt of public
comments via postal mail and hand
delivery/courier. If a commenter finds
that this change poses an undue
hardship, please contact Appliance
Standards Program staff at (202) 586–
1445 to discuss the need for alternative
arrangements. Once the COVID–19
pandemic health emergency is resolved,
DOE anticipates resuming all of its
regular options for public comment
submission, including postal mail and
hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
www.regulations.gov/docket/EERE-
2021-BT-WAV-0009. The docket web
page contains instruction on how to
access all documents, including public
comments, in the docket. See the
SUPPLEMENTARY INFORMATION
section for
information on how to submit
comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121. Email:
AS_Waiver_Request@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION
: DOE is
publishing GEA’s petition for waiver in
its entirety, pursuant to 10 CFR
430.27(b)(1)(iv).
1
DOE invites all
interested parties to submit in writing
by August 6, 2021, comments and
information on all aspects of the
petition, including the alternate test
procedure. Pursuant to 10 CFR
430.27(d), any person submitting
written comments to DOE must also
send a copy of such comments to the
petitioner. The contact information for
the petitioner is:
Bill A. Brown, GE Appliances, A
Haier Company, Appliance Park—AP5–
1S–86, Louisville, KY 40225. Email:
b.brown@geappliances.com.
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment. If
this instruction is followed, persons
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