Department of Education’s New Info Gathering System Seems To Overreach, Say Education Lobbying Groups

November 19, 2008

The Department of Education’s proposed new data mining system, intended to combat fraud and abuse, is taking some heat from groups such as the American Council on Education and the American Association of Universities, which see it as unlikely to gather data accurately. It also provides a Privacy Act waiver.

Federal Register: October 16, 2008 (Volume 73, Number 201)]
[Notices]
[Page 61406-61412]

This system of records is maintained for the general purpose of
enabling OIG to fulfill the requirements of section (4)(a)(1) and (3)
of the Inspector General Act of 1978, as amended, which requires OIG to
provide policy direction for and to conduct, supervise, and coordinate
audits and investigations relating to the programs and operations of
the Department and to conduct, supervise and coordinate activities for
the purpose of promoting economy and efficiency in the administration
of, or preventing and detecting fraud and abuse in, the programs and
operations of the Department. This system is maintained for the purpose
of improving the efficiency, quality, and accuracy of existing data
collected by the Department. Records in this system will be used to
conduct data modeling for indications of fraud, abuse and internal
control weaknesses concerning Department programs and operations. The
result of that data modeling may be used in the conduct of audits,
investigations, inspections or other activities as necessary to prevent
and detect waste, fraud and abuse in Department programs and
operations.

…

The Department may disclose information contained in a record in
this system of records without the consent of the individual if the
disclosure is compatible with the purpose for which the record was
collected, under the following routine uses. OIG may make these
disclosures on a case-by-case basis or, if OIG has met the requirements of the
Computer Matching and Privacy Protection Act of 1988, as amended, under
a computer matching agreement.
(1) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information from this system of records as a
routine use to any Federal, State, local, or foreign agency or other
public authority responsible for enforcing, investigating, or
prosecuting violations of administrative, civil, or criminal law or
regulations if that information is relevant to any enforcement,
regulatory, investigative, or prosecutorial responsibility of the
receiving entity.
(2) Disclosure to Public and Private Entities to Obtain Information
Relevant to Department of Education Functions and Duties. The
Department may disclose information from this system of records as a
routine use to public or private sources to the extent necessary to
obtain information from those sources relevant to an OIG investigation,
audit, inspection, or other inquiry.
(3) Disclosure for Use in Employment, Employee Benefit, Security
Clearance, and Contracting Decisions.
(a) For Decisions by the Department. The Department may disclose
information from this system of records as a routine use to a Federal,
State, local, or foreign agency maintaining civil, criminal, or other
relevant enforcement or other pertinent records, or to another public
authority or professional organization, if necessary to obtain
information relevant to a Department decision concerning the hiring or
retention of an employee or other personnel action, the issuance or
retention of a security clearance, the letting of a contract, or the
issuance or retention of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose information from this system
of records as a routine use to a Federal, State, local, or foreign
agency, other public authority, or professional organization in
connection with the hiring or retention of an employee or other
personnel action, the issuance or retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit.
(4) Disclosure to Public and Private Sources in Connection with the
Higher Education Act of 1965, as Amended (HEA). The Department may
disclose information from this system of records as a routine use to
facilitate compliance with program requirements to any accrediting
agency that is or was recognized by the Secretary of Education pursuant
to the HEA; to any educational institution or school that is or was a
party to an agreement with the Secretary of Education pursuant to the
HEA; to any guaranty agency that is or was a party to an agreement with
the Secretary of Education pursuant to the HEA; or to any agency that
is or was charged with licensing or legally authorizing the operation
of any educational institution or school that was eligible, is
currently eligible, or may become eligible to participate in any
program of Federal student assistance authorized by the HEA.
(5) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Disclosure to the Department of Justice. If the disclosure of
certain records to the Department of Justice (DOJ) is relevant and
necessary to litigation or ADR and is compatible with the purpose for
which the records were collected, the Department may disclose those
records as a routine use to the DOJ. The Department may make such a
disclosure in the event that one of the following parties is involved
in the litigation or ADR or has an interest in the litigation or ADR:
(i) The Department or any component of the Department;
(ii) Any employee of the Department in his or her official
capacity;
(iii) Any Department employee in his or her individual capacity if
the DOJ has been asked or has agreed to provide or arrange for
representation for the employee;
(iv) Any employee of the Department in his or her individual
capacity if the Department has agreed to represent the employee or in
connection with a request for that representation; or
(v) The United States, if the Department determines that the
litigation or ADR proceeding is likely to affect the Department or any
of its components.
(b) Other Litigation or ADR Disclosure. If disclosure of certain
records to a court, adjudicative body before which the Department is
authorized to appear, individual or entity designated by the Department
or otherwise empowered to resolve disputes, counsel, or other
representative, party, or potential witness is relevant and necessary
to litigation or ADR and is compatible with the purpose for which the
records were collected, the Department may disclose those records as a
routine use to the court, adjudicative body, individual or entity,
counsel or other representative, party, or potential witness. The
Department may make such a disclosure in the event that one of the
following parties is involved in the litigation or ADR or has an
interest in the litigation or ADR:
(i) The Department or any component of the Department;
(ii) Any employee of the Department in his or her official
capacity;
(iii) Any Department employee in his or her individual capacity if
the DOJ has been asked or has agreed to provide or arrange for
representation for the employee;
(iv) Any employee of the Department in his or her individual
capacity if the Department has agreed to represent the employee; or
(v) The United States, if the Department determines that the
litigation or ADR is likely to affect the Department or any of its
components.
(6) Disclosure to Contractors and Consultants. The Department may
disclose information from this system of records as a routine use to
the employees of any entity or individual with whom or with which the
Department contracts for the purpose of performing any functions or
analyses that facilitate or are relevant to an OIG investigation,
audit, inspection, or other inquiry. Before entering into such a
contract, the Department must require the contractor to maintain
Privacy Act safeguards, as required under 5 U.S.C. 552a(m) with respect
to the records in the system.
(7) Debarment and Suspension Disclosure. The Department may
disclose information from this system of records as a routine use to
another Federal agency considering suspension or debarment action if
the information is relevant to the suspension or debarment action. The
Department also may disclose information to any Federal, State, or
local agency to gain information in support of the Department’s own
debarment and suspension actions.
(8) Disclosure to the Department of Justice. The Department may
disclose information from this system of records as a routine use to
the DOJ to the extent necessary for obtaining the DOJ’s advice on any
matter relevant to Department of Education programs or operations.
(9) Congressional Member Disclosure. The Department may disclose
information from this system of records to a Member of Congress or to a
congressional staff member in response to an inquiry from the
congressional office made at the written request of the constituent
about whom the record is maintained. The member’s right to the
information is no greater than the right of the individual who
requested the inquiry.

[[Page 61411]]

(10) Benefit Program Disclosure. The Department may disclose
records as a routine use to any Federal, State, local, or foreign
agency, or other public authority, if relevant to the prevention or
detection of fraud and abuse in benefit programs administered by any
agency or public authority.
(11) Collection of Debts and Overpayment Disclosure. The Department
may disclose records as a routine use to any Federal, State, local, or
foreign agency, or other public authority, if relevant to the
collection of debts or to overpayments owed to any agency or public
authority.
(12) Disclosure to the President’s Council on Integrity and
Efficiency (PCIE). The Department may disclose records as a routine use
to members and employees of the PCIE for the preparation of reports to
the President and Congress on the activities of the Inspectors General.
(13) Disclosure for Qualitative Assessment Reviews. The Department
may disclose records as a routine use to members of the PCIE, the DOJ,
the U.S. Marshals Service, or any Federal agency for the purpose of
conducting qualitative assessment reviews of the investigative or audit
operations of the Department’s OIG to ensure that adequate internal
safeguards and management procedures are maintained.
(14) Disclosure in the Course of Responding to Breach of Data. The
Department may disclose records to appropriate agencies, entities, and
persons when (a) it is suspected or confirmed that the security or
confidentiality of information in this system has been compromised; (b)
the Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or by another agency or entity) that rely
upon the compromised information; and, (c) the disclosure is made to
such agencies, entities, and persons who are reasonably necessary to
assist the Department in responding to the suspected or confirmed
compromise and in helping the Department prevent, minimize, or remedy
such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable to this system of records.