Notice2023-06871
Privacy Act of 1974; System of Records
Primary source
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Published
April 3, 2023
Issuing agencies
Education Department
Abstract
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 "Emergency Notification System (ENS)" (18-03-06). The Emergency Notification System (ENS) provides a notification system for the Department's internal Continuity of Operations (COOP) and Pandemic plans, as well as day-to-day emergency management efforts. ENS provides real-time notifications to Department employees during an emergency event. ENS also gives Department employees the ability to access and modify their own personal information and preferences via a self-service portal, and system administrators the ability to generate reports to verify the status of the aforementioned emergency alerts.
Full Text
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<title>Federal Register, Volume 88 Issue 63 (Monday, April 3, 2023)</title>
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[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19631-19634]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06871]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2023-OFO-0021]
Privacy Act of 1974; System of Records
AGENCY: Office of Security, Facilities and Logistics, Office of Finance
and Operations, U.S. 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 U.S. Department of Education (Department) publishes
this notice of a new system of records entitled ``Emergency
Notification System (ENS)'' (18-03-06). The Emergency Notification
System (ENS) provides a notification system for the Department's
internal Continuity of Operations (COOP) and Pandemic plans, as well as
day-to-day emergency management efforts. ENS provides real-time
notifications to Department employees during an emergency event. ENS
also gives Department employees the ability to access and modify their
own personal information and preferences via a self-service portal, and
system administrators the ability to generate reports to verify the
status of the aforementioned emergency alerts.
DATES: Submit your comments on this new system of records notice on or
before May 3, 2023.
This new system of records notice will become applicable upon
publication in the Federal Register on April 3, 2023, unless it needs
to be changed as a result of public comment. The routine uses outlined
in the section titled ``ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will
become effective on the expiration of the 30-day period of public
comment on May 3, 2023, unless they need 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: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://www.regulations.gov">www.regulations.gov</a>,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments submitted
by fax or by email, or comments submitted after the comment period
closes. To ensure that the Department does not receive duplicate
copies, please submit your comments only once. In addition, please
include the Docket ID at the top of your comments.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to
submit your comments electronically. Information on using
<a href="http://www.regulations.gov">www.regulations.gov</a>, including instructions for accessing agency
documents, submitting comments, and viewing the docket, is available on
the site under the ``help'' tab.
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
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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: 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. Telephone: (202) 205-8123.
Email: <a href="/cdn-cgi/l/email-protection#9ff3f6ecfeb1ecfaf1fafcfef3dffafbb1f8f0e9"><span class="__cf_email__" data-cfemail="3c50554f5d124f5952595f5d507c5958125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Introduction
In support of the Department's COOP, Devolution, Pandemic, and
Reconstitution Plans, as well as day-to-day emergency management
efforts, the ENS provides the Department an emergency alert tool to
communicate, via real-time notifications, pertinent information to
Department employees during emergencies (e.g., severe weather events).
More specifically, the ENS sends a mass message to the email addresses
and phone numbers associated with Department employees located in the
emergency's area. Depending on the alert type, the system can also
solicit a response from recipients to verify their status during an
emergency. In addition, the system can generate reports regarding the
[[Page 19632]]
responses received, which system administrators can monitor in real
time. System administrators can also generate reports on whom alerts
were sent to and when these alerts were sent.
ENS consists of two components: a desktop application accessed by
all users and a browser-based web application accessed by system
administrators. Once ENS is deployed, the desktop application will be
installed on all Government Furnished Equipment (GFE) computers but
will only be accessible to current Department employees.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document 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, 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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Denise L. Carter,
Acting Assistant Secretary, Office of Finance and Operations.
For the reasons discussed in the preamble, the Acting Assistant
Secretary for the Office of Finance and Operations of the U.S.
Department of Education (Department) publishes a notice of a new system
of records to read as follows:
SYSTEM NAME AND NUMBER:
Emergency Notification System (ENS) (18-03-06).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
U.S. Department of Education, Office of Security, Facilities and
Logistics, Office of Finance and Operations, 400 Maryland Avenue SW,
Washington, DC 20202-6110.
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.
SYSTEM MANAGER(S):
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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).
PURPOSE(S) OF THE SYSTEM:
The purposes of the ENS are to store and maintain emergency contact
information for current Department employees:
(1) To maintain and implement emergency plans, including Continuity
of Operations and facility evacuation plans; and
(2) To notify, locate, and mobilize individuals as necessary during
emergency or other threatening situations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current Department employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
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.
RECORD SOURCE CATEGORIES:
Current Department employees, and the Department Active Directory
System.
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 of 1974, as amended (Privacy Act) (5 U.S.C. 552a),
under a computer matching agreement.
(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 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.
(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.
(3) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) 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:
(i) The Department or any of its components;
(ii) Any Department employee in their official capacity;
(iii) 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;
(iv) Any Department employee in their individual capacity when the
[[Page 19633]]
Department has agreed to represent the employee; and
(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 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 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.
(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.
(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.
(5) 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.
(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.
(7) 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.
(8) 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.
(9) Employment, Benefit, and Contracting Disclosure.
(a) 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.
(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 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.
(10) 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.
(11) 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.
(12) 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.
POLICIES AND PRACTICES FOR STORAGE OR RECORDS:
Records are stored on an encrypted system within a secured and
controlled environment.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
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.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records in this system of records will be retained and disposed
of in accordance with NARA General Records Schedule 5.3, Item 020.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
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.
[[Page 19634]]
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.
RECORD ACCESS PROCEDURES:
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.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in
this system of records, contact the system manager at the address
listed 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.
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 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2023-06871 Filed 3-31-23; 8:45 am]
BILLING CODE 4000-01-P
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